Lennar Can't Assert 'Breach of Good Faith' Claim in Drywall Coverage Action

MIAMI - A Florida judge has struck an affirmative defense asserted by Lennar Co. in a Chinese drywall insurance coverage case, determining that the alleged breach of covenant of good faith and fair dealing cannot be supported as a matter of law or by the facts pled in support of the claim. Mid-Continent Casualty Co. v. Active Drywall South Inc., et al., No. 10-20859 (S.D. Fla.).

Judge Patricia A. Seitz ruled Feb. 25 that the affirmative defense - which the judge said essentially amounted to a claim for bad faith - fails to satisfy federal pleading requirements by identifying any …