Task: Wrong Candidate Generation
Input (English): Section 624.155 does not delineate the procedure by which a claim for punitive damages is to be pled, section 768.72 provides that procedure. Key West Convalescent Center v. Doherty, 619 So.2d 367 (Fla. 3d DCA 1993) supports the insurer’s analysis. In Doherty, this court observed that section 768.72 created a positive legal right not to be subjected to financial worth discovery until after there has been an affirmative finding of a reasonable evidentiary basis for punitive damages. While Doherty concerned the statutory provision setting the standards for nursing home facilities, and the case sub judice calls for application of the insurance code, the observations of Doherty are nonetheless applicable here. See Walt Disney World Co. v. Noordhoek, 672 So.2d 98 (Fla. 3d DCA 1996) (<HOLDING>). The insurance company has a substantive right 
 Holding statements: (A) holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages (B) holding that an award for punitive damages must be supported by clear unequivocal and convincing evidence (C) holding what section 76872 requires is that a plaintiff who has pleaded punitive damages must offer a reasonable evidentiary basis for punitive damages and obtain an order authorizing the maintenance of the punitive damage claim as a predicate to conducting discovery of a defendants financial worth (D) holding a court may not award punitive damages (E) holding punitive damages claims must be stricken absent a reasonable evidentiary basis for their award
Output (English): holding a court may not award punitive damages