Document for Abayomi Manrique Plaintiff vs. Progressive American Insurance Company Defendant

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                                Filing # 124025672 E-Filed 03/30/2021 02:46:14 PM


          IN THE COUNTY COURT OF THE 17TH
          JUDICIAL CIRCUIT IN AND FOR
          BROWARD COUNTY, FLORIDA


          ABAYOMI MANRIQUE,

                Plaintiff,

          V.
                                                               CASE NO: COWE21001213 (82)
          PROGRESSIVE AMERICAN                                 CIVIL DIVISION
          INSURANCE COMPANY, a Foreign Profit
          Corporation,

                Defendant.
                                                           /

               DEFENDANT’S MOTION TO STRIKE LANGUAGE FROM PARAGRAPH 17 OF
                  PLAINTIFF’S AMENDED COMPLAINT AND PLAINTIFF’S CLAIM FOR
                                        ATTORNEYS FEES
                   COMES    NOW,  the Defendant, PROGRESSIVE AMERICAN INSURANCE

        COMPANY, by and through the undersigned counsel, herein files this Motion to Strike language

        from Paragraph 17 of Plaintiff's Amended Complaint and Plaintiff’s claim for attorney’s fees, and

        in support thereof, states:

                    1        Count I of Plaintiff's Amended Complaint is a count for uninsured/underinsured

        motorist benefits. However, paragraph 17 within Count I of Plaintiff's Amended Complaint alleges

        that Defendant violated section 626.9541, Florida Statutes (unfair methods of competition and

        unfair or deceptive acts).

                    2.       To the extent that paragraph 17 of Plaintiff's Amended Complaint purports to assert

        a bad faith claim it should be stricken from Plaintiff's Amended Complaint because it has not been

        properly pled and more importantly, such a claim cannot be brought before there is a final

        determination of liability and damages pursuant to the insurance policy. Vest v. Travelers Ins. Co.,

         753 So. 2d 1270 (Fla. 2000)(cause of action for bad faith is premature until there is a determination




               #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN,            CLERK 03/30/2021 02:46:13 PM.**#*
CASE NO:       COWE21001213 (82)


of liability and extent of damages owed on the insurance contract). Allowing such a claim to

proceed at this juncture is improper and would prejudice Defendant. Furthermore, Plaintiff has not

met the conditions precedent to bringing such a claim.

           3         The Wherefore clause of Plaintiff's Amended         Complaint seeks attorney’s fees.

However, there is no basis for recovery of same at this time. Therefore, the language regarding

Plaintiff's claim for attorney’s fees should also be stricken from Plaintiff's Amended Complaint.

           WHEREFORE,           Defendant, PROGRESSIVE        AMERICAN        INSURANCE        COMPANY,

respectfully requests that this honorable Court enter an Order striking the language of paragraph

17 of Plaintiff's Amended Complaint referring to an alleged violation of section 626.9541, Florida

Statutes       and   language   in the Wherefore   clause   of Plaintiff's   Amended     Complaint   seeking

attorney’s fees and for any other relief which the Court deems just and proper.

                                      CERTIFICATE OF SERVICE

           I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been
furnished via E-Mail on March 30, 2021 to Steve Louis-Charles, Esquire, Charles Legal, PLLC,
Attorney for Plaintiff, Abayomi Manrique, steve@charleslegalpl.com, (954) 342-6446.

                                                     Law Offices of Michael W. Carroll
                                                     Attorneys for Defendant
                                                     3230 West Commercial Blvd., Suite 400
                                                     Fort Lauderdale, FL 33309
                                                     (954) 903-6540 (Asst.)/(954) 903-6548 (Direct)
                                                     Fax: (866) 841-8921
                                                     SERVICE DESIGNATIONS:
                                                     Primary: FtLauderdaledC@Progressive.com
                                                     Secondary Ataboad1 @Progressive.com




                                                     By:
                                                                             C4
                                                            ALEXANDRA M. TABOADA-MCGILL, ESQUIRE
CASE NO:               COWE21001213 (82)


Florida Bar No. 85488
“Salaried Employees of Progressive Casualty Insurance Company”