BANCOFF v. MUTUAL BEN. HEALTH & ACCIDENT ASSN.

The opinion of the court was delivered by: GRIM

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, 1957, from their office in Philadelphia, a printed form, which had been furnished by the Insurance Department, 'Application for Termination of License.' The alleged libel was contained in two questions and answers in the application to terminate the license, which were: "Has agent or agency fully accounted and settled for premiums collected? No "If not, amount outstanding $ 681.50" "Did agent fully comply with all other insurance laws and regulations? No "If not, give details. Failed to disclose complete health history on applications given to him."

19601129