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DELFRATE v. LIBERTY MUTUAL FIRE INS. CO.

Case No. 8:10-cv-1091-T-23AEP.

727 F.Supp.2d 1307 (2010)

Joseph DELFRATE, Plaintiff, v. LIBERTY MUTUAL FIRE INSURANCE COMPANY, Defendant.

United States District Court, M.D. Florida, Tampa Division.

July 16, 2010.

Attorney(s) appearing for the Case

Peter O. Brick, Peter O. Brick & Associates, New Port Richey, FL, for Plaintiff.

Gideon Reitblat, Mark S. Shapiro, Akerman Senterfitt, Miami, FL, for Defendant.

ORDER

STEVEN D. MERRYDAY, District Judge.

The plaintiff (the "insured") sues (Doc. 1) for breach of contract and intentional infliction of emotional distress based on the defendant's (the "insurer") failure to pay benefits under a homeowner's insurance policy. The insurer moves (Doc. 7) to dismiss the intentional infliction of emotional distress claim, and the insured responds (Doc. 8) in opposition.

Allegations of the Complaint

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