Friday, March 31, 2006

consumer protection - damages - benefit of the bargain

Lesoon v. Metropolitan Life Insurance Co. - Superior Court - March 28, 2006

http://www.courts.state.pa.us/OpPosting/Superior/out/a18044_05.pdf

Plaintiff sued the insurance company under the state consumer protection law for deceptive acts, including forging signatures. The trial court decided that plaintiffs did not suffer actual damages, because the company had given plaintiffs money which restored them to the status quo that existed before any fraudulent acts were committed.

Noting the distinction between general principles of contract law and the Pennsylvania Consumer Protecton Law, which was enacted to deter consumer fraud, the Superior Court reversed, holding that Plaintiffs were entitled to "benefit-of-the-bargain damages" -- what they would have received absent the defendant's deceptive acts.