Mayer

This case is before the Court on defendant’s motion to dismiss the first amended complaint. The complaint is in two counts, and the motion to dismiss challenges the sufficiency of both counts to state a claim upon which relief could be granted. Heretofore the Court dismissed the complaint for failure to plead fraud with particularity as required by Rule 9(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. The amendment to the complaint pleads fraud with sufficient particularity to state a claim for relief, and the motion to dismiss upon that ground is therefore not well taken.

In count 2 of the complaint the plaintiff alleges that “defendant caused to be recorded in the records of an agency subscribed to by life insurance companies the false information.” The false information alleged to have been given to the agency, which in turn gave the information to other insurance companies, was the fact that the plaintiff was suffering from a heart condition, which information the plaintiff alleges was not true and that the defendant knew it was not true. The only theory upon which this cause of action could be sustained is that it is a species of defamation. However, the allegations…