Thursday, May 24, 2012

Motion to Amend Complaint Denied In Flood Insurance Coverage Dispute

In his recent May 4, 2012 Opinion in the case of AJT Properties, Inc. v. Lexington Insurance Company, No. 2008 - CV - 4252 (C.P. Lacka. May 4, 2012 Nealon, J.), Judge Terrence R. Nealon denied a Plaintiff's request to amend its Complaint to state an additional breach of contract claim based upon an allegation of unilateral mistake.

After a review of the law pertaining to amendments of pleadings as well as the elements of a contractual unilateral mistake claim against the facts of the case, the court noted that the requested amendment did not state a viable claim and, as such, the amendment would be a futile effort.  Accordingly, the motion to amend was denied.

Anyone desiring a copy of Judge Nealon's Opinion in this case may contact me at dancummins@comcast.net.

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