Case: Whitfield v. Southern-Owners Insurance Company
Venue: First District Court of Appeal
Scott Cole of CSK’s Miami office obtained a per curiam affirmance of the trial court’s denial of the plaintiff/appellant’s Motion to File Second Amended Complaint to add counts for statutory bad faith pursuant to their previously filed uninsured motorist claim. The defendant/appellee successfully argued that the denial of the Motion was a proper exercise of the trial court’s broad discretion as the defendant would be prejudiced if the amendment were allowed, while the plaintiff suffered no prejudice by the denial of the Motion. The First District Court of Appeal affirmed the decision of the trial court in all respects.