§ 1D-10 – Scope of the Chapter.
1D-10. Scope of the Chapter. This Chapter applies to every claim for punitive damages, regardless of whether the claim for relief is based on a statutory or a common-law right of action or based in equity. In an action subject to this Chapter, in whole or in part, the provisions of this Chapter prevail over […]
§ 1D-15 – Standards for recovery of punitive damages.
1D-15. Standards for recovery of punitive damages. (a) Punitive damages may be awarded only if the claimant proves that the defendant is liable for compensatory damages and that one of the following aggravating factors was present and was related to the injury for which compensatory damages were awarded: (1) Fraud. (2) Malice. (3) Willful or […]