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Flynn v. Allstate Insurance Co.6/30/2004
ff.
Here, pretermitting whether Linton's conduct could be characterized as malicious, wilful or wanton, there was no evidence in this case suggesting that his conduct was directed at the Flynns. Thus, Flynn can not recover under the bodily injury provision for any wounded feelings. Since Flynn cannot recover under the bodily injury provision of the insurance policy, his punitive damage claim does not and cannot attach to any bodily injury claim. As we have already pointed out, punitive damages cannot be awarded when there is no entitlement to compensatory damages. The trial court correctly granted summary judgment to Allstate.
Judgment affirmed. Smith, C. J., and Phipps, J., concur.
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