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DAWKINS v. NATIONAL LIBERTY LIFE INSURANCE CO.

Civ. A. No. 66-586.

263 F.Supp. 119 (1967)

Charles DAWKINS, Plaintiff, v. NATIONAL LIBERTY LIFE INSURANCE COMPANY, Defendant.

United States District Court D. South Carolina, Columbia Division.

January 17, 1967.

Attorney(s) appearing for the Case

Dallas D. Ball, Columbia, S. C., for plaintiff.

Roger B. Jones, of McKay, McKay, Black & Walker, Columbia, S. C., for defendant.

HEMPHILL, District Judge.

The defendant insurance company moves to strike from the complaint all references to punitive damages and the demand for punitive damages. The company relies on the principle of South Carolina law that no punitive damages are recoverable for a mere failure or refusal to pay a debt or a sum of money.1 Defendant also moves for a dismissal of the case, referring to a previous case between the parties which was dismissed...

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