A plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice. (Civ. Code § 3294) Exemplary or punitive damages are awarded to punish a defendant’s deliberate wrongdoing or conscious disregard for the rights of others. (In re Hobbs v. Bateman Eichler Hill Richards, Inc. (1985) 164 Cal.App.3d 174) “The primary purposes of punitive damages are punishment and deterrence of like conduct by the wrongdoer and others.” (Grimshaw v. Ford Motor Co. (1981) 119 Cal.App.3d 757, 810)
Mere negligence, even gross negligence, is not sufficient to justify an award of punitive damages. (Jackson v. Johnson (1992) 5 Cal.App.4th 1350) Insurance policies exclude coverage for damages caused by the insured's intentional acts. In addition, punitive damages are excluded from coverage in California as a matter of public policy.
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