21 Fla. L. Weekly Supp. 781a
Online Reference: FLWSUPP 2108NORGInsurance — Complaint — Amendment — Motion to amend complaint to add claims for first party bad faith and declaratory judgment is granted
GEORGE R. NORGAISSE, Plaintiff, v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Defendant. Circuit Court, 17th Judicial Circuit Court in and for Broward County. Case No. CACE 11-000956 (14). April 7, 2014. Honorable Carlos A. Rodriguez, Judge. Counsel: Ben Murphey, Lawlor Winston White & Murphey, Ft. Lauderdale, for Plaintiff. Holly W. Carroll, Law Office of Holly W. Carroll, Ft. Lauderdale, for Defendant.
ORDER ON PLAINTIFF’SMOTION TO FILE AMENDED COMPLAINT
Before this Court is Plaintiff’s Motion to File an Amended Complaint. This Court heard oral argument on April 7, 2014, is fully-advised on the matter and FINDS:
Plaintiff’s Amended Complaint adds claims for first party bad faith and declaratory judgment. Florida Rule of Civil Procedure 1.190(a), (e) states amendments to pleadings should “be given freely when justice so requires.” A verdict in excess of the UM/UIM policy limits is not a condition precedent to a first party bad faith action. E.g., Safeco Ins. Co. of Ill. v. Fridman, 117 So. 2d 16, 20 (Fla. 5th DCA 2013) [38 Fla. L. Weekly D1159c]. A declaratory judgment will avoid the possibility of wasting judicial resources with relitigating the issue of Plaintiff’s damages and Defendant’s affirmative defenses. See King v. Gov’t Employees Ins. Co., 2012 WL 4052271, at **1-9 (M.D. Fla. Sept. 13, 2012). A declaratory judgment will avoid the possibility of inconsistent verdicts on those same issues. See Hickey v. Pompano K of C, Inc., 647 So. 2d 270, 271 (Fla. 4th DCA 1994). Plaintiff has not abused the amendment process and the amendment will not prejudice Defendant.
Wherefore, this Court ORDERS:
Plaintiff’s Motion is granted. The Amended Complaint is deemed filed the date of this Order. Count Two of the Amended Complaint is stayed and no discovery shall be taken on Count Two until the stay is lifted. Defendant has twenty days to respond to the Amended Complaint.
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