GRIFFIN v. GEICO GENERAL INSURANCE COMPANY

Filing 45

ORDER re: 39 Motion to Strike. Dfts Eleventh AffirmativeDefense is stricken. Signed by JUDGE RICHARD SMOAK on 8/30/2011. (sea)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

WILLIAM E. GRIFFIN,
Plaintiff,
vs.

CASE NO. 4:11cv104/RS-WCS

GEICO GENERAL INSURANCE
COMPANY,
Defendant.
_________________________________/

ORDER
Before me is Plaintiff’s Motion To Strike Defendant’s Eleventh Affirmative
Defense (Doc. 39). Defendant’s affirmative defense incorrectly contends that Section
627.737(4), Florida Statutes, prohibits a claim for punitive damages in a case such as
this, a first-party bad faith action by the insured against his uninsured/underinsured
motorist insurance carrier. This issue has long been settled in Florida. See, State
Farm Mutual Automobile Insurance Company v. Laforet, 658 So.2d 55 (Fla. 1995), Fla.
Stat. §§624.155(5) and 627.727(10).
Defendant’s Eleventh Affirmative Defense is stricken.

ORDERED on August 30, 2011.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE