District Court, N.D. Alabama January 13, 1960, Civ. A. No. 9481 (Consolidated Auto Warranty Corp. v. Bankers Fire & Marine Insurance)

GROOMS, District Judge.

There has been submitted to the Court a motion to strike the amendment to the complaint filed herein on October 20, 1959. This amendment seeks to recover under the provision of the Georgia statute, § 56-706, a penalty and attorneys’ fees for alleged bad faith failure to pay an insurance loss.