When searching for multiple concepts such as punitive damages, professional liability, and reinsurance, search results presented in a linear list might not be helpful. Instead, the clustering of concepts (the grouping of related ideas) can make your research more effective. Clustering search engines arrange search results into groups around a common theme, in this case punitive damages. These types of searches are very useful when exploring a topic for the first time, when you may need to learn about its various sub-topics. This type of search is also extremely helpful in identifying the vocabulary associated with the topic, both generally and specifically.
1) Find out what punitive damages are.
Finding the definition of punitive damages is quite straightforward with virtually any search engine. Using the Google search engine (www.google.com), enter the following search query:
punitive damages
Then, click on the phrase wonder wheel in the middle of the column on the left. It gives you a visual display in the shape of a wheel with a number of topics relating to the concept of punitive damages, as well as several definitions of punitive damages in the column on the right. These links have a little magnifying glass symbol after the title. Clicking on this symbol allows you to sneak-a-peek, that is, it allows you to preview the linked site without leaving the results page.
Answer
1) Punitive damages are money the defendant in a lawsuit is sometimes ordered to pay when the behaviour at issue is held to be especially egregious.
2) Can ‘lost’ punitive damages be awarded as compensation in legal malpractice actions in US jurisdictions?
Using the iBoogie search engine (www.iboogie.com), enter the following search query:
“punitive damages” “legal malpractice”
The iBoogie search engine returns a page which contains clustered concepts on the left-hand side of the page. In the clustered results, there are several items which appear promising.
Clicking on these links should provide an answer to the question as to whether ‘lost’ punitive damages can be awarded in US jurisdictions.
Answer
No
For more details, see:
http://litigationcenter.bna.com/pic2/lit.nsf/id/bnap-5neshz?opendocument
3) Is it possible to insure potential losses for punitive damages in US jurisdictions?
Using Google, enter the following search query:
“punitive damages”
Searching for a phrase
Remember that you may get different results depending on whether you search for a phrase using quotation marks, e.g. “punitive damages”, or for two separate keywords without quotation marks, e.g. punitive damages.
On the list of results is a heading regarding insurance.
Clicking on that link provides a list of hits regarding the insurability of punitive damages. A number of those links provide a discussion regarding the insurability of punitive damages throughout the different jurisdictions of the United States.
Answer
This depends on the jurisdiction.
For full details of the insurability of punitive damages in each US jurisdiction, see:
http://www.mcandl.com/puni_frame.html
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