Dawkins v. National Liberty Life Insurance

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, on the grounds that it is determinable to a legal certainty that the jurisdictional amount required for diversity jurisdiction in the District Court is…