the allegations. Modern Woodmen’s investigation stopped and Mrs. Jarvis was never contacted. Mr. Webb’s employment by Modern Woodmen finally ended in April 1989 for insufficient sales. In Syllabus Point 2, Harless v. First Nat’l. Bank in Fairmont, 169 W.Va. 673, 289 S.E.2d 692 (1982), we stated: “An agent or employee can be held personally liable for his own torts against third parties and this personal liability is independent of his agency or employee relationship. Of course, if he is acting within the scope of his employment, then his principal or employer may also be held liable.” Syllabus Point 3, Musgrove v. Hickory Inn, Inc., 168 W.Va. 65, 281 S.E.2d 499 (1981). See also, Syllabus Point 4, Hains v. Parkersburg, Marietta & Interurban Ry. Co., 75 W.Va. 613, 84 S.E. 923 (1915) (<HOLDING>); Syllabus Point 4, Ricketts v. Chesapeake & 0.
holding unconstitutional a prior version of rc 231521 which provided that the court not the jury would determine the amount of punitive or exemplary damages holding the eighth amendment inapplicable to an award of exemplary damages holding if a servants negligence is wanton and willful or malicious the master is liable for exemplary or punitive damages holding that an insurer is not liable for punitive damages by its refusal to pay a claim unless such refusal is accompanied by a malicious intent to injure or defraud recognizing that recklessness or even gross negligence is insufficient to support punitive damages