Lawrence v. Ace American Insurance Company

Filing 52

ORDER granting 42 motion to amend; terminating 49 motion to dismiss; terminating 20 motion to dismiss. By August 1, 2018, ACE is directed to file a certified copy of the insurance policy. Signed by Judge Susan C Bucklew on 7/18/2018. (JD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
WILLIAM LAWRENCE,
Plaintiff,
v.

Case No. 8:18-cv-738-T-24 TGW

ACE AMERICAN INSURANCE
COMPANY,
Defendant.
______________________________
USAA CASUALTY INSURANCE
COMPANY, individually and as equitable
and contractual subrogee of Benjamin
Wintersteen,
Intervenor,
v.
ACE AMERICAN INSURANCE
COMPANY,
Intervenor-Defendant.
________________________________/
ORDER
This cause comes before the Court on its own. A hearing was held in this case on July
18, 2018. At the hearing, the Court discussed with the parties the need for all of the parties to
agree on the operative insurance policy at issue in this case. Lawrence and USAA also expressed
a desire to each amend their complaints after the operative insurance policy is agreed upon.
Accordingly, the Court orders the following:
(1)

By August 1, 2018, ACE is directed to file a certified copy of the insurance policy
that was in effect on August 12, 2014—the date of the accident at issue in this
case.

(2)

By August 8, 2018, USAA and Lawrence are directed to each file a notice
informing the Court either that: (a) they agree that the certified insurance policy
filed by ACE is the operative insurance policy at issue in this case; or (b) they
object to the certified insurance policy filed by ACE as being the operative
insurance policy and the basis for their objection.

(3)

If there are no objections by August 8, 2018 to the certified insurance policy filed
by ACE, then Lawrence and USAA are directed to file amended complaints based
on the agreed upon insurance policy. They do not need to attach the entire
certified policy to their amended complaints; they can simply identify the
document number and incorporate the entire insurance policy by reference.
However, Lawrence and USAA should attach the relevant portions of the actual
insurance policy as an exhibit to their amended complaints.

(4)

If there are any objections to the certified insurance policy filed by ACE, the
Court will issue an order resolving those objections and set a date of seven days
after the order for Lawrence and USAA to file their amended complaints.

(5)

The Court GRANTS Lawrence’s Motion to Amend the Complaint (Doc. No. 42).

(6)

The Court TERMINATES ACE’s Motions to Dismiss (Doc. No. 20, 49). ACE
may file motions to dismiss after the amended complaints are filed by Lawrence
and USAA.

DONE AND ORDERED at Tampa, Florida, this 18th day of July, 2018.

Copies to:
Counsel of Record
2