| MCCULLOUGH, CAMPBELL & LANE LLP |
| THE INSURABILITY OF PUNITIVE DAMAGES |
| 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.