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Case Law Alerts

County Court Denies Motion for Leave to File Amended Complaint, Alleging Bad Faith Handling, Based on Insurer’s Confession of Judgment and Failure to Cure Civil Remedy Notice Within 60 Days.

Gulf Coast Injury Centers, LLC a/a/o Craig Jorden v. Allstate Ins. Co., County Court, 13th Judicial Circuit Hillsborough County, Case No: 2021-CC-115756

January 1, 2024

The instant suit involved a dispute for personal injury protection (PIP) benefits, extended medical payment benefits, penalty, postage, interest, costs and attorney’s fees. After suit was filed, the court issued a General Differentiated Case Management Order, establishing the deadlines in the suit and setting a projected trial date of May 2023. 

Once suit was filed, defense counsel attempted to confer with plaintiff’s counsel. These attempts were ignored, and approximately eight days after defense counsel’s attempts to confer, the plaintiff filed a Civil Remedy Notice (CRN) with the Florida Department of Financial Services. A response to the CRN was timely filed by Allstate. 

Throughout the life of the case, Allstate made more attempts to confer with the plaintiff, all of which were ignored. Finally, Allstate filed a confession of judgment for $1,549.64, stipulating to the plaintiff’s entitlement to attorney’s fees and costs. Following the confession of judgment, the plaintiff filed a motion for leave to supplement and/or amend the complaint for statutory bad faith pursuant to Section 625.155, Florida Statutes. The proposed amended complaint alleged bad faith claims handling, alleging that Allstate did not attempt to cure the CRN within 60 days, after which it filed a confession. 

In deciding whether to grant the amendment, the court analyzed Florida Rule of Civil Procedure 1.190 as well as the standards established by case law in which an amendment may be granted if the court finds that: (1) granting the amendment does not prejudice the opposing party; (2) the privilege to amend has not been abused; and (3) the amendment is not futile. 

With regard to prejudice, the court found that the amendment would prejudice the defendant as the suit had been pending for 19 months and every deadline in the Case Management Order had elapsed. The court also noted that the plaintiff was not precluded from filing a separate cause of action for bad faith should it choose to do so. 

In analyzing whether the privilege to amend had been abused, the court found that the plaintiff’s actions demonstrated “the precise abuse that is intended to be prevented.” The court also took issue with the fact that the plaintiff filed its CRN after litigation had commenced, as opposed to before. The court also took issue with the plaintiff’s actions in ignoring all of Allstate’s attempts to amicably settle the suit, thus, forcing the confession of judgment. 

In analyzing futility, the court noted that the proposed amended complaint would be subject to dismissal as it was legally insufficient, thus, making the amendment futile. This was because the plaintiff did not comply with Fla. Stat. 624.155, which requires a CRN to state with specificity the facts giving rise to the violation, along with the specific policy language relevant to the violation and the specific statutory language that has allegedly been violated. In analyzing the CRN, the court found that it did not satisfy the requirements of Section 624.155, thus, barring the plaintiff from being able to bring a bad faith claim against Allstate. Accordingly, the court denied the plaintiff’s motion. 

This order should prove to be a boon for carriers defending against PIP suits in which plaintiffs attempt to use boilerplate Civil Remedy Notices as further leverage to force settlement. As this is a common strategy utilized by certain plaintiff firms in Florida, this order should give carriers a useful tool to defend themselves against these sort of scorched-earth litigation tactics. 


 

Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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On the Pulse… Profile of the Intellectual Property, Technology & Media Litigation Practice Group

The Intellectual Property, Technology & Media Practice provides comprehensive, end-to-end litigation and counseling services to national and global insurance carriers. We are committed to delivering a disciplined, cost-effective, and creative defense tailored to each client's needs. Our attorneys combine deep litigation experience with technical and scientific backgrounds, enabling us to understand our clients' technologies and effectively communicate complex concepts to adversaries, judges, and juries. We also assist clients with risk management, pre-suit dispute resolution strategies, and, when necessary, the litigation of claims and complaints in courts across all 50 states through trial. In addition, we work closely with our eDiscovery team to address complex issues involving electronically stored information, including data preservation, electronic discovery, computer imaging, and allegations of spoliation. These issues are often critical to the intellectual property and technology matters we handle every day, and our integrated approach helps clients navigate them efficiently and effectively. Our attorneys represent clients in patent infringement, copyright, trademark, and trade secret disputes in the state and federal courts in jurisdictions throughout the United States. Many of our clients also face highly technical professional liability claims involving computer systems, software, cybersecurity, data management, and other technology-related services. We take a proactive approach to managing risk and controlling exposure, working with clients and their insurers to develop effective pre-suit strategies and avoid litigation whenever possible through mediation, settlement conferences, and other alternative dispute resolution methods. When litigation cannot be avoided, we remain steadfast in serving our clients' legal and business objectives, recognizing the significant costs and operational burdens that complex litigation can impose. We work closely with insurance carriers to help protect our clients' brands, intellectual property, and business interests while delivering a thorough and cost-effective defense. We additionally maintain a strong Media Practice. Our attorneys have extensive experience handling First Amendment and media-related disputes, including claims involving defamation, libel, privacy rights, injunctions, gag orders, and prior restraints on speech. Clients benefit from our practical litigation strategies and thoughtful approach to managing matters that often attract significant public attention and scrutiny. With 19 offices throughout Pennsylvania, New Jersey, New York, Delaware, Florida, Ohio, and Connecticut, we maintain a strong presence across the East Coast. We serve as national counsel for insurance carriers and have handled matters throughout the United States, from Hawaii to Washington, and virtually every jurisdiction in between. Our national reputation ensures that our clients receive not just the best skilled legal representation but also practical business-minded guidance in determining the proper legal response to all claims and lawsuits. David chairs both the Privacy and Data Security Practice and the Intellectual Property, Technology and Media Litigation Practice. He may be reached at djshannon@mdwcg.com.

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Marshall Dennehey is proud to highlight the firm’s 106 attorneys who have been recognized in the 2027 editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America. Less than 6% of all practicing lawyers in the U.S. were selected by their peers for this recognition. Additionally, four of the firm’s attorneys received the Best Lawyers® 2027 “Lawyer of the Year” awards in their respective practice areas and demographic regions. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For more information, please visit https://www.bestlawyers.com/. OUR 2027 LAWYERS OF THE YEAR Harrisburg, PA Christopher Reeser, Personal Injury Litigation - Defendants Kacey Wiedt, Workers Compensation Law - Employers Roseland, NJ Justin F. Johnson, Medical Malpractice Law - Defendants Leonard Leicht, Personal Injury Litigation - Defendants   OUR 2026 BEST LAWYERS IN AMERICA Philadelphia, PA Nicholas D. Bowers, Personal Injury Litigation - Defendants Josh J. T. Byrne, Professional Malpractice Law - Defendants Jefferey J. Chomko, Insurance Law James H. Cole, Insurance Law John J. Delany III, Personal Injury Litigation - Defendants Laurianne Falcone, Personal Injury Litigation - Defendants John P. Gonzales, Employment Law - Management John Hare, Appellate Practice Daniel D. Krebbs, Personal Injury Litigation - Defendants Michele Punturi, Workers' Compensation Law - Employers Bradley D. Remick, Product Liability Litigation - Defendants Andrea Cicero Rock, Workers' Compensation Law - Employers Robin M. Romano, Workers' Compensation Law - Employers Daniel J. Ryan, Jr., Personal Injury Litigation - Defendants Gary M. Samms, Professional Malpractice Law - Defendants Christopher N. 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