18 Fla. L. Weekly Supp. 493a
Online Reference: FLWSUPP 1805CELP Insurance — Affirmative defense of fraud is stricken — Insurer is ordered to amend other affirmative defenses to provide more specific allegations
CELPA CLINIC, P.A., D/B/A CELPA CLINIC, (As Assignee of Marilyn Marcano), Plaintiff, v. SECURITY NATIONAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 10-CC-009716. Division: M. December 20, 2010. Honorable Matthew C. Lucas, Judge.
ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S AFFIRMATIVE DEFENSE OF FRAUD
THIS CAUSE having come before this Court on October 12, 2010 on Plaintiff’s Motion to Strike Defendant’s Affirmative Defense of Fraud. The court, having considered the following motion, having heard argument by counsel, rules for the reasons stated in open court, as follows:
ORDERED AND ADJUDGED:
1. Plaintiff’s Motion to Strike Defendant’s Affirmative Defense of Fraud is HEREBY GRANTED.
2. As to Affirmative Defense No. 7, Defendant is ordered to amend said defense to state which conditions precedent were not complied with by Plaintiff and how they were not complied with.
3. As to Affirmative Defense Nos. 9 & 10, Defendant stated defenses are sufficient as to the identity. However, Defendant is ordered to amend said defense to state the specific subject matter of the alleged false statements and/or misrepresentations.
4. Defendant is granted thirty (30) days from the date of this Order to amend its affirmative defenses.
