23 Fla. L. Weekly Supp. 877a
Online Reference: FLWSUPP 2308MELEInsurance — Complaint — Amendment to name correct insurer — Deficiency in demand letter, to extent letter was addressed to wrong insurer, is waived
FLORIDA INJURY KISSIMMEE, LLC a/a/o Jose Melendez, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COSO-14-012107 Division 62. May 5, 2015. Honorable Terri Ann Miller, Judge. Counsel: James A. Avello, Landau & Associates, P.A., Hallandale Beach, for Plaintiff. Scott W. Dutton, Dutton Law Group, P.A., Tampa, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO AMENDSUIT BY INTERLINEATION TO CORRECTCORPORATE DEFENDANT’S NAME
THIS CAUSE having come before the Court upon the Plaintiff’s Motion to Amend Suit by Interlineation to Correct Corporate Defendant’s Name, and the Court being fully advised in the premises, it is hereby ORDERED AND ADJUDGED:
1. Plaintiff’s Motion to Amend by Interlineation to Correct Corporate Defendant’s Name is GRANTED in part. The parties agree that the Plaintiff may amend its Complaint to add and name USAA GENERAL INDEMNITY COMPANY as the Defendant.
2. USAA CASUALTY INSURANCE COMPANY is hereby dismissed and shall go hence without day and the Plaintiff and its counsel shall not be entitled to attorney’s fees accrued to date relating to that litigation;
3. The Plaintiff’s Complaint is deemed filed and the Defendant agrees to accept service as to USAA GENERAL INDEMNITY COMPANY as of the date of this Order;
4. USAA GENERAL INDEMNITY COMPANY agrees to waive the deficiency of the demand letter to the extent that it was addressed to USAA CASUALTY INSURANCE COMPANY rather than USAA GENERAL INDEMNITY COMPANY;
5. USAA GENERAL INDEMNITY COMPANY shall respond to the Complaint not later than 20 days from entry of this Order;
6. The Clerk of Court shall amend the style of this matter to reflect USAA GENERAL INDEMNITY COMPANY as the Defendant;
7. All prior discovery served between the parties is moot as it was served on or by the erroneously named Defendant.
