By Randy J. Maniloff, White and Williams LLP, and Jeffrey W. Stempel

This survey covers the insurability of punitive damages. Coverage includes all 50 US states and the District of Columbia. The issue is framed as whether a particular state's public policy permits a tortfeasor to insure against punitive damages that the tortfeasor may become legally obligated to pay. The availability of insurance coverage for punitive damages frequently arises in the context of uninsured and underinsured motorist policies. This survey makes some references to the issue in the context of uninsured and underinsured motorist policies, but primarily focuses on liability insurance and is not intended to be an exhaustive list.

For related information, see Practice Note: US—punitive damages standards state law survey.