Nevada § 42.005 - Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding

§ 42.005. Exemplary and punitive damages: In general; limitations on amount of award; determination in subsequent proceeding

1. Except as otherwise provided in NRS 42.007 , in an action for the breach of an obligation not arising from contract, where it

is proven by clear and convincing evidence that the defendant has been guilty of oppression,

fraud or malice, express or implied, the plaintiff, in addition to the compensatory

damages, may recover damages for the sake of example and by way of punishing the defendant.

Except as otherwise provided in this section or by specific statute, an award of exemplary

or punitive damages made pursuant to this section may not exceed: (a) Three times the amount of compensatory damages awarded to the plaintiff if the

amount of compensatory damages is $100,000 or more; or (b) Three hundred thousand dollars if the amount of compensatory damages awarded to

the plaintiff is less than $100,000. 2. The limitations on the amount of an award of exemplary or punitive damages prescribed

in subsection 1 do not apply to an action brought against: (a) A manufacturer, distributor or seller of a defective product; (b) An insurer who acts in bad faith regarding its obligations to provide insurance

coverage; (c) A person for violating a state or federal law prohibiting discriminatory housing

practices, if the law provides for a remedy of exemplary or punitive damages in excess

of the limitations prescribed in subsection 1; (d) A person for damages or an injury caused by the emission, disposal or spilling

of a toxic, radioactive or hazardous material or waste; or (e) A person for defamation. 3. If punitive damages are claimed pursuant to this section, the trier of fact shall

make a finding of whether such damages will be assessed. If such damages are to be assessed, a subsequent proceeding must be conducted before

the same trier of fact to determine the amount of such damages to be assessed. The trier of fact shall make a finding of the amount to be assessed according to the

provisions of this section. The findings required by this section, if made by a jury, must be made by special

verdict along with any other required findings. The jury must not be instructed, or otherwise advised, of the limitations on the amount

of an award of punitive damages prescribed in subsection 1. 4. Evidence of the financial condition of the defendant is not admissible for the

purpose of determining the amount of punitive damages to be assessed until the commencement

of the subsequent proceeding to determine the amount of exemplary or punitive damages

to be assessed. 5. For the purposes of an action brought against an insurer who acts in bad faith

regarding its obligations to provide insurance coverage, the definitions set forth

in NRS 42.001 are not applicable and the corresponding provisions of the common law apply.