Section 9.31 Damages

• Library: Insurance Practice 2015

Damages are expressly included within the typical definition of “loss.” But it is not clear whether punitive damages are covered. The Missouri court of appeals has held that punitive damages are not within the scope of policies insuring against damages assessed for “bodily injury” or “personal injury,” Schnuck Mkts., Inc. v. Transamerica Ins. Co., 652 S.W.2d 206 (Mo. App. E.D. 1983); Crull v. Gleb, 382 S.W.2d 17 (Mo. App. E.D. 1964), or within the scope of a policy covering amounts the insured is “legally required to pay to compensate others for loss that results from” wrongful acts, DeShong v. Mid-States Adjustment, Inc., 876 S.W.2d 5 (Mo. App. W.D. 1994). But in Colson v. Lloyd’s of London, 435 S.W.2d 42 (Mo. App. W.D...