23 Fla. L. Weekly Supp. 283c
Online Reference: FLWSUPP 2303RODRInsurance — Automobile — Windshield repair — Repair shop’s complaint seeking payment of benefits for windshield repair is dismissed with leave to amend complaint by attaching assignment, repair invoice, and insurance policy and by stating policy provisions breached, formula for calculating amount payable under policy, and amount paid by insurer
BROWARD INSURANCE RECOVERY CENTER, LLC, a/a/o DANIEL RODRIGUEZ, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. COWE-14-004688, Division 81. May 28, 2015. Jane D. Fishman, Judge. Counsel: Michael Cerasa, for Plaintiff. Brendan J. McKay, Banker Lopez Gassler, St. Petersburg, for Defendant.
AGREED ORDER ON DEFENDANT’S MOTIONTO DISMISS PLAINTIFF’S COMPLAINT,MOTION TO TRANSFER VENUE ANDSUPPORTING MEMORANDUM OF LAW
This cause, having come before the Court on Defendant’s Motion to Dismiss Plaintiff’s Complaint, Motion to Transfer Venue and Supporting Memorandum of Law and on agreement of the parties, and the Court being otherwise being fully advised in the premises,
IT IS ORDERED AND ADJUDGED:
1. Defendant’s Motion to Dismiss Plaintiff’s Complaint, Motion to Transfer Venue and Supporting Memorandum of Law is hereby Granted and thus, Plaintiff’s Complaint is dismissed without prejudice.
2. Defendant’s Motion to Transfer Venue is denied without prejudice. Defendant has the right to bring its Motion to Transfer Venue before the Court when the necessity arises.
3. Plaintiff must file an amended complaint within 55 days from the date this Order is entered that states, removes, attaches and is devoid of the following:
a. Attach a copy of the assignment and a copy of the invoice for the windshield repair or replacement underlying the above styled lawsuit.
b. Attach a copy of the contract Plaintiff is claiming Defendant breached.
c. Identify the policy provision(s) Plaintiff believes we breached.
d. Plead a formula or method under the provision(s) of Defendant’s policy for determining the amount payable for a windshield repair or replacement that qualifies as a covered loss under the applicable insurance policy and if taken as true entitles Plaintiff to more than what they were paid by Defendant.
e. Identify the amount paid by Defendant to Plaintiff for the windshield repair or replacement underlying the above styled lawsuit.