Chart of Punitive Damages by State

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JURISDICTION DIRECTLY
ASSESSED
PUNITIVE
DAMAGES
VICARIOUSLY
ASSESSED
PUNITIVE
DAMAGES1
ALABAMA Insurable Insurable
ALASKA Insurable Insurable
ARIZONA Insurable Insurable
ARKANSAS Insurable* Insurable
CALIFORNIA Not Insurable Insurable
COLORADO Not Insurable Undecided
CONNECTICUT Not Insurable Insurable
DELAWARE Insurable Insurable
DISTRICT OF COLUMBIA Undecided Undecided
FLORIDA Not Insurable Insurable
GEORGIA Insurable Insurable
HAWAII Insurable Insurable
IDAHO Insurable Insurable
ILLINOIS Not Insurable Insurable
INDIANA Not Insurable Insurable
IOWA Insurable Insurable
KANSAS Not Insurable Insurable
KENTUCKY Insurable* Insurable
LOUISIANA Insurable* Insurable
MAINE Not Insurable Undecided
MARYLAND Insurable Insurable
MASSACHUSETTS Not Insurable Undecided
MICHIGAN Insurable Insurable
MINNESOTA Not Insurable Insurable
MISSISSIPPI Insurable Insurable
MISSOURI Insurable Insurable
MONTANA Insurable* Insurable
NEBRASKA2 Not Applicable Not Applicable
NEVADA Insurable* Insurable
NEW HAMPSHIRE Insurable Insurable
NEW JERSEY Not Insurable Insurable
NEW MEXICO Insurable Insurable
NEW YORK Not Insurable Not Insurable
NORTH CAROLINA Insurable Insurable
NORTH DAKOTA Insurable* Insurable
OHIO Insurable Insurable
OKLAHOMA Not Insurable Insurable
OREGON Insurable* Insurable
PENNSYLVANIA Not Insurable Insurable
RHODE ISLAND Not Insurable Undecided
SOUTH CAROLINA Insurable Insurable
SOUTH DAKOTA Undecided Undecided
TENNESSEE Insurable* Insurable
TEXAS Undecided Insurable
UTAH Not Insurable Not Insurable
VERMONT Insurable Insurable
VIRGINIA3 Insurable* Not Applicable
WASHINGTON Insurable Insurable
WEST VIRGINIA Insurable Insurable
WISCONSIN Insurable Insurable
WYOMING Insurable Insurable

 

1In this table, we assume, in states where there is no specific authority, that vicariously assessed punitive damages are insurable if directly assessed punitive damages are insurable.

2Nebraska does not recognize punitive damages in any form.

3Virginia does not recognize the vicarious imposition of punitive damages.

*Punitive damages are insurable unless awarded for intentional conduct.