PUNITIVE DAMAGES

[[email protected]]

From California: I work for the County of Orange (government) and receive health insurance through a self-insured indemnity plan administered by Mutual of Omaha. Mutual of Omaha has engaged in bad faith regarding payments for treatment received from an orthopedic surgeon. My question is this: CAN I SUE ORANGE COUNTY FOR PUNITIVE DAMAGES AS WELL AS COMPENSATION>

Thanks for your help.

 

[lars coltrane]

You need to speak with a lawyer who handles insurance bad faith cases. Make sure to ask about the application of ERISA to your right to sue. Seek legal advice promptly as any delay may cut off your rigths.

good luck

 

[[email protected]]

Thanks for your advice, Lars. Government employees are exempt from ERISA. I would still like to hear from anyone who can tell me whether or not governmental bodies (like Orange County) can be sued for PUNITIVE DAMAGES. Thanks again.

 

[I AM ALWAYS LIABLE]

My response:

The California Tort Claims Act exempts public entities from punitive damages liability. [Ca Govt § 818]

IAAL

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