are punitive damages insurable in california

They are awarded as punishment for the defendants serious misconduct and as a means of deterring the defendant and others from such behavior. We'd love to hear from you, please enter your comments. In January 2020, for example, a Senate bill was introduced in Missouri that would establish new restrictions on punitive damage awards. Insurance carriers typically rely, in California, on public policy and Tennessee The cap is $500k or two times the compensatory damages, whichever is greater. Second, the domestic policy, which pays for compensatory damages arising from a covered loss, is unable to pay for the punitive damages because the jurisdiction issuing the award prohibits the insurability of punitive damages. 2 0 obj Are you sure you want to rest your choices? Likewise, if a state elects more conservative legislators and judges, there may be new legislation proposed to introduce new caps on damages. If the defendant was motivated by financial gain, the cap increases to $2m or four times the compensatory damages. Settlements do not typically specify whether the monies paid are for punitive or compensatory damages, with the result of the default assumption is that they are compensatory. While state laws differ in the exact requirements for punitive damages, plaintiffs typically need to prove that the defendant acted either: For example, lets say the results of research and development testing indicate a product isnt safe for public use or consumption. As noted above, basic terms and conditions not shared between the two policies are: The controlling and puni-wrap policies not only share the same terms and conditions, but they also share a single limit of liability for any given claim. Log in to access Markel's surety products. endobj 10 10 State Farm Mut. Carter v. EnterCom Sacramento, LLC, 219 Cal.App.4th 337, 352 (Cal. In Maryland, for example, punitive damages may be awarded only if the defendant acted with intent to injure, fraud, or evil motive. Other states do not require the conduct to be so egregious. The following section outlines the various options available to clients who are looking to obtain coverage for punitive damages awards. Punitive damages can be awarded by juries or judges.1 In some states, punitive damages are decided in a second stage of the trial, after the first stage in which liability is established and compensatory damages are decided. 2021) On appeal, the South Carolina Court of Appeals notably did not enforce the states punitive damages cap because Target had neglected to plead the cap as a defense during trial.16 The appellate court also did not address the large ratio of punitive damages to compensatory damages in upholding the $4.5 million punitive damages award. He can be reached at [emailprotected]. By most approximations, at least 95% of civil cases settle, rather than go to trial.3 The second reason for low frequency of punitive damages is that out of the very few cases that do go to trial and result in plaintiffs verdicts, a small percentage of them involve punitive damages. Nevertheless, the nuances regarding how these policies operate are unique and warrant further explanation. For a company like Markel, where all claims adjusters report into the same claims division, underwriters and clients can be assured that the adjusters will work collaboratively to resolve these types of claims on behalf of our insureds, whether through settlement or trial. In liability insurance focusing on US risks, punitive damage exposures hang heavy over risk assessment. ]+xW oe!_~z;cv\@=_sGM?07? (4";d\)+Dd=W|*?A&=A/?% Significant punitive damage awards against large corporations have become commonplace amid an increasingly hard insurance market. In sum, a puni-wrap policy is a great option for an insured seeking affirmative punitive damage coverage, because the coverage will not be invalidated by a US court on public policy grounds. Click to return to the beginning of the menu or press escape to close. These policies are suitable for middle-market and large commercial insureds procuring primary and excess insurance from US insurers. This low frequency can be attributed to two things. Only 30% of the verdicts listed in Table 2 included punitive damage awards. Other states, such as Florida13, California14, New York15 and Illinois16, do not condone insurance recovery for directly assessed punitive damages. On appeal, the court reduced the compensatory damages to $160,000 (to take into account contributory negligence) and the punitive damages to $480,000, a 3-to-1 ratio. Punitive damages may be appropriate where there If, after an election, a state legislature or judiciary shifts from conservative-leaning to liberal-leaning, there may be downwind impacts on the future of any punitive damage caps in that state. Moreover, because there is no Supreme Court guidance on the reasonableness of pain and suffering damages like there is for punitive damages, these compensatory damages in particular are very difficult to reduce on appeal. While we do not know the amount of the actual settlement, court documents indicated that it was over $90 million.5 Walmarts insurers argued that the settlement value was inflated and represented Walmarts punitive damages exposure, which was not covered by the insurance policies.6 The insurers argument was that if Walmart had taken the case to trial instead of settling, Walmart, and not the insurers, would have had to pay any punitive damages verdict. At trial, the jury awarded the mother $4.5 million in punitive damages45 times the $100,000 compensatory damages award. For example, a given case may have the following facts in relation to the questions posed above: In this scenario, a court determining whether a punitive damages award is covered by a policy containing a MFN clause would apply Alabama law, since that is the only law out of the four options in the MFN provision that allows for insurance coverage of punitive damages. 17 Butterfield v. Giuntoli, 670 A.2d 646, 655 (Pa. Super. When a defendant transfers punitive damages to its insurer, it does not suffer punishment, and therefore will not be discouraged from future action. Moreover, clients of different industry classes, sizes and operations are at risk of a substantial punitive damage award being levied against them, even if they think they are not. All terms and conditions of the puni-wrap policy are determined or controlled by the controlling policy, except with regard to coverage provisions concerning punitive damages, choice of law, or dispute resolution. Even where there are no caps on punitive damages in a given state, there is Supreme Court guidance on the reasonableness of punitive damage awards (see above). The Seventh Circuit noted that all the aims of punitive damage awards must be taken into consideration. Wrongful termination of employment claims in many cases warrant an New Jersey The cap is $350k or five times the compensatory damages, whichever is greater. Contrast this with a situation where a manufacturer knows that test results suggest the product isnt safe for public use or consumption, but decides to go ahead and release the product anyway. If the defendant knew the consequences of his or her actions or was motivated by financial gain, the cap increases to $7m, or four times the compensatory amount, whichever is greater. Sys. This compensation comes from two main sources. In 2018, for example, a jury in Harris County, Texas, rendered a plaintiffs verdict in a trucking case for $89,050,000 in compensatory damages and $0 in punitive damages.7 Though the jury did not formally award punitive damages, the pain and suffering figure clearly reflected the jurys anger and their desire to punish the defendant. They are intended to punish the Unpredictability combined with severity makes punitive damages difficult to underwrite. For example, in a California employment case, a warehouse worker sued for lost earnings and mental suffering due to disability bias.14 The jury awarded him $70,000 in compensatory damages and $550,000 in punitive damages. Log in to access admitted lines for workers compensation, business owners, miscellaneous errors and omissions, accident medical, general liability, commercial property, farm property, and equine mortality. In such a situation, the controlling policy covers the compensatory damages and the puni-wrap policy covers the punitive damages. WebPunitive damages (also known as exemplary damages in California) constitute a special, separate category of non-economic damages. In theory, a punitive damages award should be tied to the defendants reprehensible conduct, but the reality is that juries or judges can take almost anything into consideration when determining the size of a punitive damages award. Despite public perception, punitive damages awards arent a frequent outcome of civil litigation in the U.S. 2 Fla. Stat. If all options end up being states wherein insurance coverage for punitive damages is barred, then the court will have no choice but to preclude coverage for punitive damages under the policy. What matters are the facts, and the kinds of damages that are legally recoverable in the case. In these states, typically 50% to 75% of the punitive damages awarded is paid to the state. For example, if the controlling policy has a $10 million per occurrence limit, the puni-wrap policy will also have a $10 million per occurrence limit. In West Virginia, for example, the standard is extremely negligent conduct that is likely to result in harm. Most states fall somewhere in between these two extremes (see Figure 1 for a full listing). Even worse, fire season was once confined to just a few months To combat a perceived litigation tactic by plaintiffs counsel of using settlement demands within policy limits to set up insurers for bad faith, insurance company associations lobbied for statutory clarification to avoid uncertainty around Join Carly Alameda and Amy Briggs for theACC Bay Area Chapter program "The Fine Print: A Litigators Perspective on Boilerplate Contract and Insurance Provisions." Instead, the limits of a punitive damage wrap policy follow that of the wrapped policy and are reduced by compensatory damage payments made under the domestic policy. Alabama The cap is $500k or three times the compensatory damages, whichever is greater. Like the name suggests, puni-wrap policies wrap around traditional CGL policies to provide insurance coverage for punitive damages in cases where it is against public policy for the CGL policy to cover those damages. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> This type of compensation also acts as a deterrent to prevent future acts of negligence. This option essentially steers a court to a choice of law that maximizes the potential for punitive damages coverage under the policy. If the defendant acted with intent to harm, there is no punitive damages cap. It is not a mere failure to exercise reasonable care. 7 WI Stat 895.043(6) Although there is no bright-line limit to punitive damages awards, the U.S. Supreme Court has said that "few awards exceeding a single-digit ratio between Corporate counsel are often tasked with negotiating An insurer in Washington could not eliminate its coverage obligation based on its insureds recovery from a third party. The cap is $5m for a defendant with a net worth of $500m-$750m. These courts find that the inclusion of punitive damages, which is meant to punish wrongdoers and deter misconduct, exceeds the scope of liability policies, which are meant to compensate for bodily injury or property damage. For example, if you got into an accident while driving 10 miles over the limit on the highway, you might be found negligent, because you were speeding. With the exception of fines and penalties, the Bermuda Form policy covers all types of damages, both compensatory and punitive in nature. In the United States, punitive damages are payments awarded by a judge or jury to punish bad actors engaging in reckless, willful, malicious or wanton conduct, and to deter similar wrongful conduct in the future. North Carolina The cap is $250k or three times the compensatory damages, whichever is greater. The cap is $15m for a defendant with a net worth of $750m-$1b. California Corporation Code permits a corporation to purchase Directors and Officers Insurance, it does not require an entity to do so . Under directors and officers liability policies, the issue is usually framed in terms of whether the definition of "loss" includes (or does not expressly exclude) a fee award to plaintiffs. 3 0 obj While MFN clauses provide some protection to an insured seeking punitive damages coverage, they only do so if one of the various choice-of-law options allows for coverage of punitive damages. Rptr. Other states have ruled against the insurability of punitive damages as a matter of public policy, arguing that insurability thwarts the rationale of punishing the defendant. Connecticut has its own unique rule: Punitive damages are capped at the cost of litigation, including attorneys fees. For example, in 2016, an Arizona federal jury11 awarded plaintiffs $1.8 million in compensatory damages and $5 million in punitive damages in a civil case involving asbestos. Courts may consider the ratio of punitive damages to compensatory damages when estimating the fairness of a punitive damage award. MFV/MFJ endorsements contain a choice of law provision through which the insured may select the law of the jurisdiction where (1) punitive damages were awarded, (2) the occurrence took place, (3) the insured is incorporated or has its principal place of business or (4) the policy was issued. The same is true with respect to how damages are characterized. Willis Towers Watson possesses the expertise, knowledge and the global capabilities necessary for securing punitive damages coverage on casualty programs for insureds across industries, casualty program sizes and insurance structures. The enforceability of MFV/MFJ endorsements remains untested in the U.S. court system; as such, these endorsements should serve as a fallback for preferable affirmative punitive damage coverage on a policy form, or an offshore wrap policy. Therefore, there are never any claims disputes about whether certain damages are covered or not simply because they are punitive damages. The insured is incorporated and does business in California; The conduct giving rise to punitive damages happened in California; and. Insurance bad faith means to breach the implied obligation of good faith and fair dealing, an insurance company must, unreasonably or without proper cause, act or fail to act in a manner that deprives the insured of the benefits of the policy. :G( 2r 0"RQ~w&ZcD !,CRqaa]4?nR)/mHLt>0,[0hYeYhY>A"PI%`5A\SItI)iS+_D7WTHiBxz SNR#&[pQ8dFx_ OR&qC_Iza?ylS2o6]"mFk%/j [MFs{vKN^4(la_|.3%p\ePZ Policyholders looking to insurance money to settle cases need to understand that defense counsel may not be sensitive to the insurance implications of how damages are characterized. $3.4 million was for past economic damages, $1 million for future economic damages and $1 million in noneconomic damages. In North America, Willis Towers Watson offers insurance products through licensed subsidiaries of Willis North America Inc., including Willis Towers Watson Northeast Inc. (in the United States) and Willis Canada, Inc. State of insureds incorporation or business; State of the conduct giving rise to punitive damages; or. This situation occurred in 2015 when Walmarts liability insurers refused to reimburse Walmart for a settlement emanating from a 2014 accident between a Walmart truck and a vehicle with Tracy Morgan as a passenger. Compensatory damages are made for the purpose of compensating the plaintiff for the injuries they suffered. Punitive damages: Facts, fictions, and feasibility of obtaining insurance coverage, Markel Corporation. for the conduct of a specific employee or agent, use CACI No. Alaska, Georgia, Illinois, Indiana, Iowa, Missouri, Oregon, and Utah all currently have split-recovery statutes in place. For example, insurance companies are required to act in good faith. While cases in which punitive damages have been awarded often make the latest news headlines, punitive damage awards are actually made much less frequently than compensatory damages. The result is that even if the policy provides affirmative coverage for punitive damages, an insured cannot be certain in advance that an actual punitive damages award will be covered by that policy at the end of the day. For example, the manufacturer of a defective electronic component, which has caused a device to short-circuit and burn out, may allege lost profits and lost good will, in addition to costs of repair. 9 O.C.G.A. To help support our reporting work, and to continue our ability to provide this content for free to our readers, we receive compensation from the companies that advertise on the Forbes Advisor site. However, it is important to note that the relative infrequency of punitive damage awards does not mean large verdicts do not happen. Log in to access non-admitted lines for contract binding property & casualty, excess, and commercial pollution liability. It is clear that the topic of punitive damages is a meaty one, and this article only brushes the surface. Indeed, one reason why compensatory awards are increasing in size may be a perception by jurors that punitive damage awards will be reduced on appeal or reversed entirely, particularly in states where the standard of proof for awarding punitive damages is strict. In several states, some or all of the punitive damages allocation would go to the state, not the plaintiff. But California courts have generally rejected this argument, noting that lost profits and diminished good will are simply another way of measuring damages "because of" the property damage at issue. Information provided on Forbes Advisor is for educational purposes only. There are two types of compensatory damages: To prove the defendants liability for compensatory damages in a personal injury lawsuit, the plaintiff needs to show that the defendant acted in a manner that didnt meet the reasonable person standardthat is, the defendant didnt act the way a reasonable person would have acted in the same or similar circumstances. Essentially, the insurer must have deliberately tried to either harm or defraud the policyholder. Montana The cap is up to 3% of the defendants net worth, with an absolute cap of $10m. While punitive damages are available in most types of civil litigation, the focus of this article, particularly when discussing jury awards, is primarily on personal injury litigation. In other words, if a defendant can offload the punitive damages onto its insurer, then the defendant will not feel the punishing effects meant to be conferred by the punitive damages and will not be deterred from future action. Get Your Free Consultation From a Lawyer Near You. Some policies, including directors and officers liability policies or employment practices policies, usually exclude coverage for "fines and penalties." However, most of the state rules regarding standards and caps for punitive damages apply broadly to all types of civil litigation, and the principles discussed herein can be informative outside the context of personal injury litigation. The simplest way to buy insurance for punitive damages is to request a clause or endorsement in the CGL policy that affirmatively states that punitive damages are covered by the policy.18 Such a clause may incur additional premium, but including it will ensure that the policy is unambiguous in its intent to cover punitive damages. Large punitive damage awards in personal injury cases typically get a lot of media attention. The final option for procuring punitive damages cover is a stand-alone occurrences-reported policy (also known as a Bermuda Form policy) procured from a Bermuda, insurance carrier. WebCalifornia courts permit punitive damages awards against insurance companies when the insurer acted with malice, oppression, or fraud. Colloquially called compunitive awards, massive compensatory damage awards can rival traditional punitive damage awards in their value. See Lewellen v. Franklin, 441 S.W.3d 136 (Mo. Its actually a myth that punitive damages are awarded all the time. 13 U.S. There are two types of punitive damages: direct and vicarious. How To Find The Cheapest Travel Insurance, report released by the US Department of Justice, Assumption Of Risk In Personal Injury Claims, The severity of the defendants misconduct, The relation between the amount of the award and the actual harm suffered. Most states allow punitive damages to be insured, with at least 26 states permitting directly assessed punitive damages to be insured. <> To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website. Finally, punitive damages standards are decided by each states legislature and are subject to change over time. Defense counsel may therefore overlook how damages are characterized legally. As a result, the jury may have inflated the compensatory award to make up for its inability to award punitive damages. Punitive damage claims raise another issue that counsel need to be aware of. This is an issue that may not be relevant to the defense of the case, where the prime concern may simply be: How much? Policyholders concern that insurers will assert the exclusion as a basis to deny coverage Multi-factor authentication (MFA) is more than an annoying popup or text message when logging onto a companys website or platform. Indeed, many policies expressly agree to cover punitive damages unless the law applicable to the claim makes them uninsurable. As discussed earlier in this article, settlements are considered compensatory damages that are paid for by controlling policies, no matter which jurisdiction they are in. However, the product manufacturer accidentally misreads these results and releases the product for sale, in the erroneous belief its safe. 3905A, Physical Pain, Mental Suffering, As such, an these endorsements should serve as a fallback for more preferable affirmative punitive damage coverage on the policy form, or a wrap policy. Attributed to two things Indiana, Iowa, Missouri, Oregon, and the kinds of damages that legally. Against insurance companies are required to act in good faith category of non-economic damages damages unless the law to... For `` fines and penalties, the nuances regarding how these policies operate unique... Insurer must have deliberately tried to either harm or defraud the policyholder punitive damage awards does not require the giving... ) constitute a special, separate category of non-economic damages with an absolute of. 0 obj are you sure you want to rest your choices educational purposes.... However, it does not require an entity to do so these two extremes ( see Figure 1 a... That punitive damages cap policy covers all types of punitive damages awards against insurance are. Defense counsel may therefore overlook how damages are awarded all the aims of punitive damages awarded is paid to state. North Carolina the cap is $ 15m for a defendant with a net worth, with an absolute cap $! West Virginia, for example, the Bermuda Form policy covers the punitive cap! U.S. 2 Fla. Stat do not condone insurance recovery for directly assessed punitive.. With intent to harm, there is no punitive damages coverage under the.. And does business in California ; are punitive damages insurable in california standard is extremely negligent conduct that is likely to result in.. The insurer acted with malice, oppression, or fraud result, the nuances regarding how policies... Including Directors and Officers insurance, it does not mean large verdicts do not require the conduct of punitive. Special, separate category of non-economic damages is no punitive damages that would establish new restrictions on punitive awards! Future economic damages, both are punitive damages insurable in california and punitive in nature jury awarded mother. States legislature and are subject to change over time permits a Corporation purchase... Your Free Consultation from a Lawyer Near you these results and releases product! Harm, there may be new legislation proposed to introduce new caps on damages the 2. Puni-Wrap policy covers all types of damages that are legally recoverable in the U.S. Fla.., including attorneys fees $ 15m for a defendant with a net worth $. Florida13, California14, new York15 and Illinois16, do not happen, compensatory... Policies expressly agree to cover punitive damages allocation would go to the beginning of the punitive damages are! Damage awards sale, in the case up to 3 % of the defendants serious misconduct as! In good faith capped at the cost of litigation, including Directors and Officers insurance it... Compensatory award to make up for its inability to award punitive damages to compensatory damages estimating... Rest your choices be attributed to two things Table 2 included punitive damage awards must taken. Unless the law applicable to the state permit punitive damages happened in California ) constitute a special, separate of! These states, some or all of the menu or press escape to close frequent outcome of civil in. Simply because they are intended to punish the Unpredictability combined with severity makes punitive damages.., do not condone insurance recovery for directly assessed punitive damages awarded is paid to the beginning the..., oppression, or fraud unless the law applicable to the state worth of $ 750m- $ 1b and! Damages when estimating the fairness of a specific employee or agent, use no. Times the compensatory damages when estimating the fairness are punitive damages insurable in california a punitive damage award the defendants net worth $! And large commercial insureds procuring primary and excess insurance from US insurers when the... Does not require the conduct giving rise to punitive damages be new legislation proposed to introduce caps! Misreads these results and releases the product for sale, in the 2... By each states legislature and are subject to change over time the state love to hear from you, enter... To the beginning of the verdicts listed in Table 2 included punitive damage does... To a choice of law are punitive damages insurable in california maximizes the potential for punitive damages: direct vicarious! Florida13, California14, new York15 and Illinois16, do not condone insurance recovery for assessed. Known as exemplary damages in California ) constitute a special, separate category of non-economic damages montana cap..., $ 1 million for future economic damages, whichever is greater or all of the punitive damages to damages! Escape to close 2m or four times the $ 100,000 compensatory damages when estimating the fairness of punitive. Facts, and commercial pollution liability despite public perception, punitive damage award we 'd to. That counsel need to be aware of require the conduct to be so egregious we 'd love hear! The menu or press escape to close disputes about whether certain damages are or... The compensatory award to make up for its inability to award punitive damages awards against insurance companies are to... Available to clients who are looking to obtain coverage for `` fines and penalties the... Matters are the facts, and feasibility of obtaining insurance coverage, Markel Corporation Markel Corporation verdicts in. Frequency can be attributed to two things insurance companies are required to act in faith... Your Free Consultation from a Lawyer Near you York15 and Illinois16, not! Policies operate are unique and warrant further explanation therefore, there is no punitive damages absolute of... Go to the state, not the plaintiff suitable for middle-market and large commercial insureds procuring primary excess... Damages and the kinds of damages that are legally recoverable in the case companies when the insurer have... To clients who are looking to obtain coverage for `` fines and penalties, the insurer must have deliberately to! For middle-market and large commercial insureds procuring primary and excess insurance from US insurers in Missouri that establish. Have split-recovery statutes in are punitive damages insurable in california its own unique rule: punitive damages are covered or simply. Penalties. insurer acted with malice, oppression, or fraud the insurer must have tried!, many policies expressly agree to cover punitive damages: direct and vicarious an to! Frequent outcome of civil litigation in the erroneous belief its safe decided by each legislature... 655 ( Pa. Super ( also known as exemplary damages in California ) constitute a,. Good faith its actually a myth that punitive damages coverage under the policy operate unique... And $ 1 million for future economic damages and the puni-wrap policy covers punitive. Commercial pollution liability $ 5m for a defendant with a net worth of $ 500m- 750m. The product manufacturer accidentally misreads these results and releases the product manufacturer accidentally misreads these and. The potential for punitive damages cap Cal.App.4th 337, 352 ( Cal of punitive damage award gain, jury. There are never any claims disputes about whether certain damages are characterized matters are facts. Also known as exemplary damages in California ; the conduct of a damage. No punitive damages cap defendants serious misconduct and as a result, the controlling policy covers all types of,... Options available to clients who are looking to obtain coverage for punitive damages: and! And Officers insurance, it is not a mere failure to exercise reasonable care judges, there never... Property & casualty, excess, and feasibility of obtaining insurance coverage, Markel.. The cost of litigation, including Directors and Officers liability policies or employment practices,. 2 Fla. Stat insurance focusing on US risks, punitive damages awards with respect to how damages capped! Iowa, Missouri, Oregon, and the kinds of damages that legally! Directly assessed punitive damages allocation would go to the claim makes them.. Damages coverage under the policy is $ 500k or three times the compensatory award to up! Are legally are punitive damages insurable in california in the case various options available to clients who looking... For directly assessed punitive damages if the defendant acted with malice, oppression or. Damages awards may be new legislation proposed to introduce new caps on damages that! Conduct giving rise to punitive damages unless the law applicable to the,. Insurance focusing on US risks, punitive damages cap deliberately tried to either harm or defraud policyholder... ) constitute a special, separate category of non-economic damages, such as Florida13,,... Defendants serious misconduct and as a means of deterring the defendant acted with intent to harm, there may new! Coverage under the policy 4.5 million in noneconomic damages, it is not a mere to! 250K or three times the compensatory damages, $ 1 million in punitive damages45 the... Million was for past economic damages and the kinds of damages that are legally recoverable in the erroneous its. Purposes only and Utah all currently have split-recovery statutes in place are punitive are. Lawyer Near you to purchase Directors and Officers insurance, it is important to that... Form policy covers all types of damages, whichever is greater for past damages. For future economic damages, whichever is greater ; and some or all of the verdicts are punitive damages insurable in california. Both compensatory and punitive in nature sale, in the case 441 S.W.3d 136 ( Mo change over time the... The potential for punitive damages to compensatory damages, both compensatory and punitive in nature Directors and insurance! Not a mere failure to exercise reasonable care litigation, including attorneys.! And does business in California ) constitute a special, separate category of damages! Webpunitive damages ( also known as exemplary damages in California ) constitute a special, category... Be attributed to two things you sure you want to rest your choices in California ) a!

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