Shepherd has not asserted a tort claim. See Decker v. Browning-Ferris Indus. of Colorado Inc., 931 P.2d 436, 446 (Colo.1997) (en banc) (vacating award of punitive damages on breach of contract claim where no tort claim was before trial court). At this time, I deny the motion insofar as it seeks dismissal of the Twentieth Claim. Pursuant to Fed.R.Civ.P. 12(f), but strike as immaterial the claim for punitive damages for alleged breach of contract. 5. Twenty First Claim for Violation of Implied Covenant of Good Faith and Fair Dealing. USOC asserts I should dismiss this claim because Colorado courts have rejected claims for breach of the implied covenant of good faith and fair dealing in the employment setting. See Farmer v. Central Bancorporation, Inc., 761 P.2d 220, 222 (Colo.App.1988) (<HOLDING>). Citing Atsepoyi v. Tandy Corporation, 51
holding that the implied covenant of good faith and fair dealing is limited to performance under a contract holding implied covenant of good faith and fair dealing found in some commercial contracts does not extend to atwill employment contracts holding that a duty of good faith and fair dealing is implied in insurance contracts in pennsylvania and allows for the award of compensatory damages pursuant to a breach of contract claim in a first party insurance case explaining that the difference between first and third party claims does not matter to the implied covenant of good faith and fair dealing recognizing cause of action for implied covenant of good faith and fair dealing in atwill employment contract recognizing that evidence of breach of implied covenant of good faith and fair dealing may support punitive damages