25 Fla. L. Weekly Supp. 670b
Online Reference: FLWSUPP 2507LEEInsurance — Personal injury protection — Complaint — Amendment — Complaint naming incorrect insurance carrier as defendant is amended to name correct insurer — Insurer waives any defect in demand letter to extent it was addressed to wrong carrier
T.I.O. MEDICAL INTERVENTION, LLC a/a/o Nkenge Lee, Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 17-008233 COWE 80. September 18, 2017. Olga Levine, Judge.
AGREED ORDER AMENDING PLAINTIFF’S COMPLAINTTO ALLOW AMENDMENT WITHUSAA GENERAL INDEMNITY COMPANY ASDEFENDANT, DISMISSING ORIGINALLY NAMEDDEFENDANT, USAA CASUALTY INSURANCECOMPANY, AND AMENDING STYLE TOREFLECT THE AMENDMENT AND DISMISSAL
Plaintiff served its Initial Complaint on USAA CASUALTY INSURANCE COMPANY. However, after conferring, upon stipulation that the correct Defendant is USAA GENERAL INDEMNITY COMPANY, the parties have agreed to this order dismissing USAA CASUALTY INSURANCE COMPANY and Plaintiff and its counsel waive any and all attorney’s fees accrued to date.
Defendant agrees to the amendment of the Complaint to USAA GENERAL INDEMNITY COMPANY as the named Defendant. Counsel for USAA CASUALTY INSURANCE COMPANY has agreed to accept service of process on behalf of USAA GENERAL INDEMNITY COMPANY.
USAA GENERAL INDEMNITY COMPANY agrees to waive any defect in the pre-suit demand letter to the extent that it was addressed to USAA CASUALTY INSURANCE COMPANY, not USAA GENERAL INDEMNITY COMPANY. Plaintiff and its counsel make no admissions that the demand letter is defective.
WHEREFORE, IT IS ORDER AND ADJUDGED THAT:
· USAA CASUALTY INSURANCE COMPANY is hereby dismissed and shall go hence without day and Plaintiff and its counsel shall not be entitled to attorney’s fees accrued to date;
· All past, present, and future orders, papers, and pleadings, including Plaintiff’s Complaint, are hereby amended to name USAA GENERAL INDEMNITY COMPANY as the Defendant in this matter.
· Defendant, USAA GENERAL INDEMNITY COMPANY, has twenty (20) days from the date of this Order to respond to Plaintiff’s Complaint and the Clerk of Court is ordered to amend the style to reflect the name of the correct Defendant insurer, USAA GENERAL INDEMNITY COMPANY.
