404.13 Punitive Damages Punitive damages are warranted if you find by clear and convincing evidence that: the acts giving rise to the violation occurred with such frequency as to indicate a general business practice; and these acts were willful, wanton, and malicious, or in reckless disregard for the rights of the [insured] [beneficiary]. "Clear and convincing evidence" differs from the "greater weight of the evidence" in that it is more compelling and persuasive. "Clear and convincing evidence" is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.