C.R. v. Twin City Fire Insurance Co.

Filing 22

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to strike Plaintiff's reference to "punitive" damages is GRANTED without prejudice to Plaintiff's right to recover statutory damages. (Doc. No. 20). Signed by District Judge Audrey G. Fleissig on 10/4/2012. (KSM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

M.R., as next friend of C.R.,

)
)
)
)
)
)
)
)
)

Plaintiff,
vs.
TWIN CITY FIRE INSURANCE CO.,
Defendant.

Case No. 4:12CV00632 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s motion to strike Plaintiff’s request
for punitive damages. While Plaintiff C.R. may be entitled to statutory damages under
Missouri Revised Statutes §§ 375.296 and 375.420, on his claim for vexatious refusal to
pay, he is not entitled to “punitive” damages on that claim. The versions of these
statutory sections quoted in Plaintiff’s memorandum in response to the motion to strike,
which contain the term “punitive damages,” are not the current versions.
Accordingly,
IT IS HEREBY ORDERED that Defendant’s motion to strike Plaintiff’s
reference to “punitive” damages is GRANTED without prejudice to Plaintiff’s right to
recover statutory damages. (Doc. No. 20).

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 4th day of October, 2012.