26 Fla. L. Weekly Supp. 30a
Online Reference: FLWSUPP 2601WADEInsurance — Complaint — Amendment — Motion to amend complaint by interlineation to correct name of defendant insurer is granted where named defendant and correct insurer are sufficiently related, and plaintiff moved to amend in timely manner so as to cause no prejudice
AMERICAN CHIROPRACTIC & REHABILITATION as assignee for Timothy R. Wade, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 2016-SC-004407-XXXX-MA. Division: C. January 16, 2018. Brent D. Shore, Judge. Counsel: Melissa R. Winer, Shuster & Saben, Jacksonville, for Plaintiff. Dawn Carsten, Roig Lawyers, Jacksonville, for Defendant.
ORDER ON PLAINTIFF’S MOTION TOAMEND COMPLAINT BY INTERLINEATION
This cause came before the Court for Hearing on the Plaintiff’s Motion To Amend Complaint By Interlineation and the Court having considered the argument of counsel and being fully advised, finds:
(A) The Plaintiff seeks to amend its Complaint to correct the name of the Defendant from USAA Casualty Company to United Services Automobile Association.
(B) This Court is aware of the public policy regarding the amendment of pleadings by the parties, especially when such amendment is done early during the litigation of a case and when such amendment results in no prejudice to the non-moving party. See, Craig v. East Pasco Medical Center, (650 So. 2d [179 (Fla.] 2DCA 1995[)]) [20 Fla. L. Weekly D395b], wherein the Court stated that “The public policy of this state (is) to freely allow amendments so that cases may be resolved on the merits”.
(C) In this case, the Plaintiff asserted that the home address of USAA Casualty Company and United Services Automobile Association is exactly the same; the administrative address is exactly the same; and the mailing address is exactly the same. The Defendant does not dispute the claims.
(D) The operative issues in this case show that United Services Automobile Association and USAA Casualty Insurance Company are “sufficiently related”; and that the Plaintiff moved to amend its Complaint in a timely manner so as to cause no prejudice to the Defendant. See, Moore Chiropractic Center, Inc. a/a/o Ashley Grinnel v. United States Automobile Association, 20 Fla. L. Weekly Supp. 151a, (In the County Court, 4th Judicial Circuit, in and for Clay County, Case No. 2012-SC-1078, November 30, 2012) and Roosevelt Rehab and Chiropractic Clinic a/a/o Patricia Spencer v. USAA Casualty Insurance Company, 20 Fla. L. Weekly Supp. 1000b, (In the County Court, 4th Judicial Circuit, in and for Duval County, Case No. 2011-CC-014105, December 19, 2012).
Therefore, it is,
ORDERED AND ADJUDGED:
The Plaintiff’s Motion To Amend Complaint By Interlineation is GRANTED.
