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ARTICLE · 19 DECEMBER 2016

Nickerson v. Stonebridge Life Insurance Company - Update

Lewis Brisbois Bisgaard & Smith LLP
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In Nickerson v. Stonebridge Life Insurance Company, 5 Cal. App. 5th 1, the Second District Court of Appeal held that an award of Brandt fees should be included as compensatory damages...

United StatesLitigation, Mediation & Arbitration
Michael Velladao
Michael Velladao
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In Nickerson v. Stonebridge Life Insurance Company, 5 Cal. App. 5th 1 (November 3, 2016), the Second District Court of Appeal held that an award of Brandt fees should be included as compensatory damages when assessing what constitutes a punitive damages award in compliance with constitutional limitations.

Stonebridge Life Insurance Company ("Stonebridge") insured Nickerson under a policy "providing coverage for hospital confinement, intensive care unit confinement, and emergency room visits," with specified indemnity amounts per day. As quoted by the Court of Appeal, the policy provided, in pertinent part:

"We will pay the Daily Hospital Confinement Benefit stated on the Schedule Page for each day of Confinement due to a covered injury, beginning with the first day of Confinement. A Covered Person must be under the professional care of a Physician, and such Confinement must begin within 90 days of the accident causing the injury." (Some capitalization omitted.)

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