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Accordingly, a consequential damages waiver will exclude any damages, other than direct damages, even if they are reasonably foreseeable because such damages are one or two links down the causal chain.
Punitive damages are awarded, then, in egregious cases â not your run-of-the-mill, âoops I was twiddling the radio dial when I hit youâ cases. Punitive damages have been argued and permitted in DUI cases. However, according to the lawyers in the Caskey case, juries have never considered an award of punitive damages in a âTextingâ case. This is what is meant by the phrase âcase of first impression.â. The other thing about punitive damages is that they are generally NOT covered by insurance.