24 Fla. L. Weekly Supp. 303a

Online Reference: FLWSUPP 2404HEARInsurance — Complaint — Amendment — Leave is granted to amend complaint to add count alleging violation of Florida Unfair Insurance Trade Practices Act — Bad faith claim will be abated pending resolution of breach of contract claim

FLORIDA HOSPITAL MEDICAL CENTER, as assignee of Erica Hearns, Plaintiff, v. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2013-SC-11423-O. June 7, 2016. Steve Jewett, Judge. Counsel: David B. Alexander, Orlando, for Plaintiff. John Morrow, Orlando, for Defendant.

ORDER

THIS MATTER having come before this Honorable Court on Plaintiff’s Motion to Compel Deposition and Plaintiff’s Motion for Leave to Amend Complaint and this Honorable Court having heard arguments of counsel on June 7, 2016 and being otherwise fully advised in the premises, it is hereby,

ORDERED AND ADJUDGED that:

1. Plaintiff’s Motion to Compel Deposition of Defendant’s Corporate Representative is hereby GRANTED. The deposition of Defendant’s Corporate Representative shall be coordinated within the thirty (30) days from the date of this Order to occur within one-hundred and fifty (150) days.

2. Pursuant to Fla. R. Civ. P. 1.190, “[l]eave of court shall be given freely when justice so requires.” The Florida Supreme Court has ruled that a Bad Faith claim can be brought simultaneously with a breach of contract claim and in such an instance the Bad Faith claim can be abated until the underlying claim for benefits has been resolved. See Fridman v. Safeco Ins. Co. Of Illinois, Fla. Sup. Ct. Case No. SC13-1607 (opinion issued February 25, 2016) [41 Fla. L. Weekly S62a], also see Allstate Indemnity Co. v. Ruiz, 899 So. 2d 1121 (Fla. 2005) [30 Fla. L. Weekly S219c]. “Where causes of action for both the underlying damages and bad faith are brought in the same action, the appropriate step is to abate the bad faith action until coverage and damages have been determined.” State Farm Mutual Auto. Ins. Co. v. Tranchese, 49 So. 3d 809 (Fla. 4th DCA 2010)[35 Fla. L. Weekly D2590a]. Plaintiff’s Motion for Leave to Amend Complaint to add Court II: Violation of Florida’s Unfair Insurance Trade Practices Act (Bad Faith) is hereby GRANTED. Plaintiff’s Amended Complaint, bearing certificate of service dated January 27, 2016, attached to Plaintiff’s Motion for Leave to Amend Complaint is hereby deemed filed. The Bad Faith claim (Count II) shall be abated until such time as the breach of contract claim (Count I) is resolved.