Edwards v. Safeguard Insurance

ORDER

WHITTEMORE, District Judge.

BEFORE THE COURT is Defendant’s Motion to Dismiss Count II of the Amended Complaint (Dkt.223), in which Defendant contends that Count II fails to state a claim upon which relief can be granted in that Florida Statute § 627.737(4) precludes the recovery of punitive damages in this common law third party bad faith action. The parties have filed supplemental memo-randa addressing the applicability of Florida Statute § 627.737(4). (Dkt.200, 204).

Florida Statute § 627.737(4), as amended in 1977, provides in pertinent part:

In any action brought against an automobile…