Bancoff v. Mutual Benefit Health & Accident Ass'n

GEIM, District Judge.

In this diversity action for libel the defendants have pleaded, among other things, the defense of absolute privilege. The only matter now before the court is plaintiff’s motion under F.R.Civ.P. Rule 12(f), 28 U.S.C. to strike that defense.

Plaintiff was an insurance agent who sold insurance for defendants. He was licensed as an agent by the Insurance Commissioner of Pennsylvania under the Insurance Department Act of 1921, sec. 603, 40 P.S. § 233. When defendants terminated their relationship with plaintiff they executed and mailed to the Insurance Commissioner on April 4,…