26 Fla. L. Weekly Supp. 121a
Online Reference: FLWSUPP 2602METZInsurance — Dismissal of provider’s action against insurer with leave to amend
REBOUND REHABILITATION a/a/o Kaley Metzler, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2017-SC-024333-O, Division: 71. April 2, 2018. David Johnson, Judge.
AGREED ORDER AMENDING PLAINTIFF’SCOMPLAINT TO ALLOW AMENDMENT WITHGARRISON PROPERTY & CASUALTY INSURANCECOMPANY AS DEFENDANT AND AMENDINGSTYLE TO REFLECT THE AMENDMENT
Plaintiff served its initial Complaint on USAA CASUALTY INSURANCE COMPANY. After conferring, the parties have agreed to this order dismissing USAA CASUALTY INSURANCE COMPANY from this action. Plaintiff and its counsel waive any and all attorney’s fees accrued to date.
Defendant agrees to the amendment of the Complaint to GARRISON PROPERTY & CASUALTY INSURANCE COMPANY as the sole named Defendant. Counsel for USAA CASUALTY INSURANCE COMPANY has agreed to accept service of process on behalf of GARRISON PROPERTY & CASUALTY INSURANCE COMPANY.
GARRISON PROPERTY & CASUALTY INSURANCE COMPANY agrees to waive any defect in the pre-suit demand letter only to the extent that it was addressed to “USAA CASUALTY INSURANCE COMPANY,” and not “GARRISON PROPERTY & CASUALTY INSURANCE COMPANY.”
WHEREFORE, IT IS ORDER AND ADJUDGED THAT:
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;
The Plaintiff shall serve an amended complaint naming GARRISON PROPERTY & CASUALTY INSURANCE COMPANY as the Defendant within 20 days of this Order;
The Clerk of Court is ordered to amend the style to reflect the name of the Garrison Property & Casualty Insurance Company insurer, GARRISON PROPERTY & CASUALTY INSURANCE COMPANY;
After service of the amend complaint by the Plaintiff, GARRISON PROPERTY & CASUALTY INSURANCE COMPANY shall have twenty (20) days from the service of the amended complaint to respond to Plaintiff’s Amended Complaint.
