Tuesday, July 23, 2019
Assignment Example | Topics and Well Written Essays - 500 words - 91
Assignment Example In the opinion of court ââ¬Å"pain and sufferingâ⬠and ââ¬Å"mental sufferingâ⬠are core elements of damage. In that regard, they lead to personal injury as well as malicious prosecution cases. Therefore, failure of the insurer to owner the insurance contract caused the plaintiff to suffer emotionally due to the that she was in dare need money to support her family, thus inviting the ââ¬Å"compromiseâ⬠of her claim. The issue is whether the plaintiff who is the beneficiary of the estate. That is insurance policy cover of her deceased husband suffered any loss after as a result of denial compensation by the insurer on her bide thereof. The court also adopted objective standard to measure the severe emotional distress suffered by plaintiff due to the variation of mental consequences suffered by individuals in justification of their decision. This case is governed by Illinois law as abases in determining the matter at hand in recover the damages suffered by plaintiff due to a sever distress. There are also some cases of this similar which have been handle by the supreme court of Illinois, it now become prudent to make such presumption based on references thereto. The information in paragraph 8 has been organized in way that produce a clear picture in elaborating the issue and facts that would substantiate the matter alleged. The connector; ââ¬Å"as to the reason thatâ⬠has been used to transition from one element of other parts of the paragraph to another. The California court case of Siliznoff, Crisci, and Fletcher, are very precedence in determining the alleged act of insurer in law of tort. In these cases the judgment was affirmed by the supreme court of California where a damage of $25,000 was paid in compensation of mental suffering caused by insurance company in their refusal to owner the settlement within the limit of the liability policy. The objective of procuring the insurance
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