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

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