Court Allows Re-Filing of Insurance Action but Questions Viability of Claim

TAMPA, Fla. - A federal judge dismissed without prejudice a 3rd-party insurance action for untimely service and said while plaintiffs could re-file they would have difficulty persuading the court to order a new appraisal because of contract language binding the parties to the original one. Central Oaks Inc. v. Maryland Casualty Co., No. 8:06-CV-1228-T-27MSS (M.D. Fla.).

Judge James D. Whittemore of the U.S. District Court for the Middle District of Florida dismissed Central Oaks' amended complaint against Maryland Casualty Co. On Oct. 5 for failure to effect service within 120 days, but granted the insured leave to file a new …