What is the test for determining whether a plaintiff is entitled to punitive damages in an action for breach of an insurance policy?
MultiRegion, United States of America
The following excerpt is from Martin v. Am. Auto. Ass'n of N. Cal. Nev. & Utah, No. 2:15-cv-2496-TLN-EFB PS (E.D. Cal. 2016):
5. The court notes that plaintiff is not entitled to punitive damages based on her contention that defendant breached the terms of the insurance policy. Miller v. Nat'l Am. Life Ins. Co., 54 Cal. App. 3d 331, 336 (1976) ("Punitive damages are not available in an action in California based solely upon breach of a contractual obligation, even where the breach is intentional, willful, or in bad faith.").
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