13 Fla. L. Weekly Supp. 162b
Insurance — Personal injury protection — Complaint — Amendment — Motion to amend complaint one year after settlement of underlying claim to name as plaintiff medical provider to whom insured assigned bad faith claim after settlement is denied where insured has provided no justification for delay in seeking amendment
BROYLAND CHIROPRACTIC CLINIC a/a/o LINDA SHELDON, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2002-CC-4227-O. November 22, 2005. Leon B. Cheek, III, Judge. Counsel: Kevin Weiss, Maitland. George Milev, Adams & Diaco, P.A., Orlando. Donald Myers, Jr., Maitland.
ORDER ON PLAINTIFF’S MOTION TO AMEND
THIS CAUSE having come before the undersigned on Plaintiff’s Motion to Amend Complaint and the Court being duly advised in the premises finds that:
1. Plaintiff served Civil Remedy Notices on the Defendant on July 2, 2002 and again on September 24, 2003. Defendant responded on August 12, 2002 and on October 6, 2003 respectively.
2. Defendant settled and paid Plaintiff’s underlying claim on February 12, 2004. Plaintiff’s attorney fees were settled and paid on July 28, 2004.
3. Plaintiff assigned his claim against the defendant to Injury, Health and Wellness, Inc. sometime after the settlement on the underlying claim.
4. Plaintiff filed his Motion to Amend on September 24, 2005, attaching an amended complaint with Injury, Health and Wellness, Inc., Plaintiff, assignee, as Plaintiff.
5. Plaintiff delayed over one year from the settlement to set a hearing to amend its complaint.
6. Plaintiff seeks to assign a bad faith claim against the defendant to a 3rd party.
7. Plaintiff has provided no justification for its delay in seeking to amend its complaint.
It is therefore,
ORDERED AND ADJUDGED THAT, Plaintiff’s Motion to Amend Complaint is hereby DENIED.
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