Standard Life Insurance Co. of Indiana v. Veal

In Standard Life Insurance Co. of Indiana v. Veal, 354 So. 2d 239 (Miss. 1977), the supreme court thoroughly laid out the standard by which punitive damages may be awarded in an insurance case. "Exemplary or punitive damages are those, of course, which are in addition to the actual or compensatory settlement. They are granted in the nature of punishment for the wrongdoing of the defendant and as an example so that others may be deterred from the commission of similar offenses thereby in theory protecting the public. The basis in awarding such damages to the injured party is that of rewarding an individual for public service in bringing the wrongdoer to account . . . . Punitive damages may be recovered for a willful and intentional wrong, or for such gross negligence and reckless negligence as is equivalent to such a wrong . . . . In order to warrant the recovery of punitive damages, there must enter into the injury some element of aggression or some coloring of insult, malice or gross negligence, evincing ruthless disregard for the rights of others, so as to take the case out of the ordinary rule. With reference to punitive damages in suits for breach of contract . . . Punitive damages are not recoverable for the breach of a contract unless such breach is attended by intentional wrong, insult, abuse or such gross negligence as to consist of an independent tort." (Veal, 354 So. 2d at 247.)