A federal judge has allowed an insurer to move forward with its affirmative defense alleging the attorneys for the plaintiff in an automobile accident case perpetrated a “bad faith setup” in an attempt to garner a punitive damages award.

In Shannon v. New York Central Mutual Insurance, U.S. District Judge Richard P. Conaboy of the Middle District of Pennsylvania denied the plaintiffs’ motion to strike Paragraph 120 of defendant New York Central Mutual Insurance Co.’s answer and affirmative defenses.