22 Fla. L. Weekly Supp. 1085a
Online Reference: FLWSUPP 2209BONNInsurance — Complaint — Amendment — Motion to amend complaint to substitute separate corporate entity as defendant is denied — Summary judgment is granted in favor of insurer that did not issue policy at issue
AMERICAN INJURY CENTERS, INC. (A/A/O RICHARD BONNER), Plaintiff, vs. USAA GENERAL INDEMNITY COMPANY, Defendant. County Court, 12th Judicial Circuit in and for Sarasota County, Civil Division. Case No. 2014 SC 5986 NC. March 5, 2015. Honorable Phyllis Galen, Judge.
ORDER ON PLAINTIFF’S MOTION FOR LEAVETO AMEND THE COMPLAINT AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before this Honorable Court, upon the Plaintiff’s Motion for Leave to Amend the Complaint to revise the named Defendant from USAA General Indemnity Company to United Services Automobile Association, and Defendant’s Motion for Final Summary Judgment because Plaintiff filed suit against the wrong entity, the Court being otherwise advised in the premises, it is hereby:
ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion for Leave to Amend the Complaint and to revise the named Defendant from USAA General Indemnity Company to United Services Automobile Association is denied.
2. “Corporations are treated as separate entities notwithstanding common shareholders and officers.” Gray v. Executive Drywall, Inc., 520 So. 2d 619, 621 (Fla. 2d DCA 1988)
3. Therefore, Plaintiff cannot substitute a new party, United Services Automobile Association, to address the defects in the Complaint because Plaintiff proceeded against the wrong entity, when Plaintiff filed suit against USAA General Indemnity Company.
4. Consequently, Defendant’s Motion for Final Summary Judgment is granted because Plaintiff cannot proceed against USAA General Indemnity Company in a breach of contract action because the policy at issue was issued by United Services Automobile Association.
5. Furthermore, Plaintiff shall recover nothing from this action, and USAA General Indemnity Company shall go hence without day.
6. The Court hereby reserves jurisdiction as to entitlement and amount of Defendant’s attorney’s fees and costs.
* * *
