Punitive Damages

Mississippi Code Annotated 11-1-65 imposes certain limitations on punitive damages. However, most people do not know there are two exceptions where there are no caps under section (d) of the statute. Section (d) provides that:  "The limitation on the amount of punitive damages imposed by this subsection (3) shall not apply to actions brought for damages or an injury resulting from an act or failure to act by the defendant: (i)  If the defendant was convicted of a felony under the laws of this state or under federal law which caused the damages or injury; or (ii)  While the defendant was under the influence of alcohol or under the influence of drugs other than lawfully prescribed drugs administered in accordance with a prescription." This can be important in issues of drunk driving or criminal negligence matters.  However, the flip side of the issue is that punitive damages are outside the coverage of most insurance policies.