GEICO Indemnity Company v. Simply Health Care, Inc.

Third DCA

GEICO Indemnity Company v. Simply Health Care, Inc.
3d DCA
4/12/23, Judge Bokor
Topics: Amendment of Pleadings

Simply Health Care, Inc., was the assignee of the beneficiary of personal injury protection (“PIP”) benefits. Simply Health sued GEICO under the PIP policy and then filed a motion for summary judgment.

While the summary judgment motion was pending, GEICO sought to amend its answer to add res judicata and collateral estoppel affirmative defenses. The trial court denied the motion to amend and entered summary judgment against GEICO and also entered a final judgment.

The “refusal to allow amendment of a pleading constitutes an abuse of discretion unless allowing the amendment ‘would prejudice the opposing party, the privilege to amend has been abused,

or amendment would be futile.’” There was no showing in the record of any of that, so the court reversed summary judgment and the order denying leave to amend and remanded. 100403_i.pdf

Terry P. Roberts
Director of Appellate Practice Fischer Redavid PLLC
PDF Version

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