20 Fla. L. Weekly Supp. 806a
Online Reference: FLWSUPP 2008JPHIInsurance — Personal injury protection — Complaint — Amendment — Medical provider’s motion to amend complaint to correct name of insurer is granted — Two insurers who have same addresses and contact person are sufficiently related, and provider moved to amend in timely manner
ADVANCED 3D DIAGNOSTICS A/A/O NICUOLY JEAN PHILIPPE, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2012-SC-011324-O (70-6). June 11, 2013. Honorable Andrew Cameron, Judge. Counsel: Adam Saben, Shuster & Saben, Miami, for Plaintiff. Christopher Cavaliere, Herssein Law Group, Tampa, for Defendant.
ORDER GRANTING PLAINTIFF’SMOTION TO AMEND COMPLAINT
THIS MATTER having come before the Court for hearing on May 15, 2013 on Plaintiff’s Motion to Amend Complaint, it is hereby ORDERED and ADJUDGED as follows:
1. Plaintiff seeks to amend its Complaint to correct the name of the Defendant from USAA CASUALTY COMPANY to UNITED SERVICES AUTOMOBILE ASSOCIATION.
2. This Court is cognizant of the public policy regarding the amending of pleadings by the parties, especially when such amendment is done early during the litigation of a case and when such amendment results in no prejudice to the non-moving party. See, Craig v. East Pasco Medical Center, 650 So.2d 179 (Fla. 2d DCA 1995) [20 Fla. L. Weekly D395b] (“the public policy of this state [is] to freely allow amendments so that cases may be resolved on the merits”).
3. In this case, Plaintiff provided documentation to the Court (that is not disputed by the Defendant) showing the home address between United Services Automobile Association and USAA Casualty Insurance Company is exactly the same; the administrative address is exactly the same; the mailing address is exactly the same; and, the contact person for PIP claims, Alan L. Bunge, is exactly the same.
4. The operative issues in this case show that UNITED STATES AUTOMOBILE ASSOCIATION and USAA CASUALTY INSURANCE COMPANY are “sufficiently related”; and, that the Plaintiff moved to amend its Complaint in a timely manner as to cause no prejudice to the Defendant.
WHEREFORE, Plaintiff’s Motion to Amend Complaint is GRANTED.
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