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First Party Property Case Dismissed Where Plaintiff Failed to Amend the Complaint to Add an Indispensable Party

Anthony Atala, of our Miami office, obtained a dismissal in a first party property case. Plaintiff filed suit against its insurance carrier for a water loss. However, the unit was insured by the condo association and Plaintiff was an additional insured under the policy. At the hearing on the carrier’s motion to dismiss, the court ruled that Plaintiff must amend the complaint to include the condo association as an indispensable party within 14 days; otherwise, the matter would be dismissed without prejudice. Plaintiff failed to comply with the order, and the case was dismissed accordingly.

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