Murray v. Allstate Insurance

WELLS, Judge.

The question presented in this appeal is whether plaintiffs have stated a cause of action upon which they can recover punitive damages. To put the question in clear perspective, we quote the pertinent paragraphs from plaintiffs’ complaint as amended:

7. That in or about September 1975 the Defendant, through its agent, D.W. Ward, trading as D.W. Ward Construction Company, began work upon the repair and restoration of Plaintiffs’ said property.

8. In so undertaking the work of repairing and replacing Plaintiffs’ property, the Defendant owed to Plaintiffs the duty to effect such…