In Williams v. Phillip Morris, the U.S. Supreme Court ruled that a defendant who is exposed to the possibility of a punitive damages award is entitled to the procedural due process right to present “every available defense.” Is there a way, then, for an insurer that is facing punitive damages in a bad-faith suit to invoke these due process protections? Are those rights raised and enforced enough? Let's examine some of these questions, as well as the possible use of Williams to defend insurers in bad-faith cases.
Defining Your Rights
In the Williams case, the U.S. Supreme Court overturned a large punitive damages award after taking up the issue of whether punitive damages could be imposed against a defendant in a civil case on the basis of evidence introduced in the case regarding harm to non-parties. The Court held that the introduction of such evidence was not constitutionally appropriate, as it imposed upon the defendant the burden of defending against a multitude of claims for which it was not prepared.
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