Are Punitive Damages Insurable in Texas? High Court: Definitely Maybe, Insurance Journal

03.20.08

In Fairfield Insurance Co. v. Stephens Martin Paving, LP, the Texas Supreme Court addressed, for the first time, whether punitive damages were insurable in Texas. No. 04-0728, 2008 Tex. LEXIS 123 (Tex. Feb. 15, 2008). The certified question was whether Texas public policy prohibits a liability insurer from paying a punitive damages award imposed on its insured because of gross negligence. To read more click on "Download PDF."

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