25 Fla. L. Weekly Supp. 545a
Online Reference: FLWSUPP 2506VALVInsurance — Personal injury protection — Complaint — Amendment — Agreed order to amend complaint to name correct insurance carrier as defendant — Insurer agrees to waive any defect in presuit demand letter insofar as it was sent to wrong insurer
ORTHOPAEDIC AND SPINE MEDICAL GROUP, INC a/a/o Vincent Alvarez, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2017-SC008107-O, Division: 71. July 17, 2017.
AGREED ORDER AMENDING PLAINTIFF’SCOMPLAINT TO ALLOW AMENDMENT WITHGARRISON PROPERTY AND CASUALTYINSURANCE COMPANY AS DEFENDANT,DISMISSING ORIGINALLY NAMED DEFENDANTUSAA CASUALTY INSURANCE COMPANY ANDAMENDING STYLE TO REFLECT THE AMENDMENTAND DISMISSAL
Plaintiff served its Initial Complaint on USAA Casualty Insurance Company. After conferring the parties have agreed to this order dismissing USAA Casualty Insurance Company and the Plaintiff and its counsel waive any and all attorney’s fees accrued to date.
The Defendant agrees to the amendment of the Complaint to Garrison Property and Casualty Insurance Company as the named Defendant. Counsel for the defendant has agreed to accept service of process on behalf of Garrison Property and Casualty Insurance Company once the amended complaint is served in accordance with this Order.
Garrison Property and Casualty Insurance Company agrees to waive any defect in the presuit demand letter to the extent that it was addressed to USAA Casualty Insurance Company, not Garrison Property and Casualty Insurance Company.
WHEREFORE, IT IS ORDER AND ADJUDGED THAT:
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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;
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The Plaintiff shall serve an amended complaint naming Garrison Property and Casualty Insurance Company as the Defendant within 20 days of this Order and counsel for Defendant will accept service on behalf of Garrison Property and Casualty Insurance Company;
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The Clerk of Court is ordered to amend the style to reflect the name of the correct Defendant insurer, Garrison Property and Casualty Insurance Company;
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After service of the amend complaint by the Plaintiff, Garrison Property and Casualty Insurance Company shall have twenty (20) days from the service of the amended complaint to respond to Plaintiff’s Amended Complaint.
