Brien Roche
This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Punitive Damages-Insurance. For more information on punitive damages see the pages on Wikipedia.
See Va. Code § 38.2-227 stating that it is not against public policy to purchase insurance covering punitive damages.
2003 Allstate Ins. Co. v. Wade, 265 Va. 383, 579 S.E.2d 180. Uninsured motorist carrier sought to introduce fact that it was liable for verdict returned by jury. Trial court properly disallowed that. Insurance carrier is not only party with standing to object to admission of insurance. Even though plaintiff did not formally object before the trial court, that was not dispositive. Existence of punitive damage claim likewise is not basis for mention of insurance on theory that carrier would be paying judgment as opposed to individual defendant. Punishment of wrongdoer is not only purpose of punitive damages, rather, such an award also serves purpose of protecting the public and providing an example and deterrence to others.
1988 United Servs. Auto. Ass’n v. Webb, 235 Va. 655, 369 S.E.2d 196. Auto policy that calls for payment of all sums which insured shall become legally obligated to pay as damages encompasses punitive damages.
1988 U.S. Fire Ins. Co. v. Aspen Bldg. Corp., 235 Va. 263, 367 S.E.2d 478. Virginia Code § 38.2-227 states public policy on insurance coverage for punitive damages for injury claims. This, however, does not extend to property damage claims.
1978 Lerner v. Safeco, 219 Va. 101, 245 S.E.2d 249. Public policy question of whether punitive damage covered by insurance is best left to legislature.
1972 Lipscombe v. Security Ins. Co., 213 Va. 81, 189 S.E.2d 324. Uninsured motorist statute, which provides recovery for all sums legally due, covers punitive damages as well as compensatory damages. Insurance carrier subrogated and may seek recovery from uninsured motorist.
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