27-1-220. Punitive damages -- when allowed -- limitation. (1) Except as otherwise expressly provided by statute and subject to subsection (3), a judge or jury may award, in addition to compensatory damages, punitive damages for the sake of example and for the purpose of punishing a defendant.
(2) (a) Unless otherwise expressly provided by statute, punitive damages may not be recovered in any action arising from:
(i) contract; or
(ii) breach of contract.
(b) Subsection (2)(a) does not prohibit recovery of punitive damages in a products liability action or an action arising under 33-18-201.
(3) An award for punitive damages may not exceed $10 million or 3% of a defendant's net worth, whichever is less. This subsection does not limit punitive damages that may be awarded in class action lawsuits.
History: En. Sec. 1, Ch. 507, L. 1985; amd. Sec. 1, Ch. 627, L. 1987; amd. Sec. 1, Ch. 457, L. 2003.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability
27-1-202. Right to compensatory damages
27-1-203. Right to damages for detriment resulting after suit brought and for future detriment
27-1-204. Nominal damages when no appreciable detriment
27-1-205. through 27-1-209 reserved
27-1-212. When award of interest discretionary
27-1-213. Validity of interest rate set by contract
27-1-214. Waiver of interest by accepting principal
27-1-215. through 27-1-219 reserved
27-1-220. Punitive damages -- when allowed -- limitation
27-1-221. Punitive damages -- liability -- proof -- award
27-1-222. Exemplary damages for inhumane injuries to animals