A decision by a Pennsylvania appellate court is a roadmap for plaintiffs' lawyers to use in an effort to force a defendant's insurer to pay for a punitive damages award.
|The case
The widow of a jockey who allegedly had sustained fatal injuries while working at Parx Racetrack filed a wrongful death and survival action (Calderon Action) against Bensalem Racing Association, Inc., and Keystone Turf Club, Inc. (together, Parx). The Calderon Action included a negligence claim against Parx based on theories of direct liability and vicarious liability, and sought punitive damages.
The plaintiff did not name any Parx employees individually as defendants in that action.
ACE Property and Casualty Insurance Company insured Parx under a commercial umbrella liability insurance policy with a limit of $25 million for each occurrence and in the aggregate. The policy did not contain a written exclusion for punitive damages.
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