Opinion
Case No: 8:04-cv-267-T-26EAJ.
July 16, 2004
ORDER
Before the Court is Defendant Abest Agencies, Inc.'s Renewed Motion to Abate Stay Supporting Memorandum of Law and Plaintiff's Response. After careful review of the parties' submissions, together with the well-pleaded allegations of Plaintiff's amended complaint, the Court agrees with Defendant Abest's contention that Plaintiff's claims against it are premature under Blumberg v. USAA Casualty Insurance Company, 790 So. 2d 1061 (Fla. 2001), notwithstanding Plaintiff's attempt to distinguish that case. Indeed, the primary case cited by Plaintiff, Glasbrenner v. Continental General Insurance Company, 2004 WL 322912 (M.D. Fla. 2004), supports this determination. In that case, the Court, citing to Blumberg, noted the correctness of Continental's argument "that a claim against an insurance agent for negligence does not accrue until the underlying action against the insurance company is final."
The Court, however, is not of the opinion that the claims against Defendant should be abated or stayed. Instead, because the claims against it are premature in that one of the essential elements of those claims is contingent upon the occurrence of an event that may or may not occur, the claims should be dismissed without prejudice. See Shuck v. Bank of America, N.A., 862 So. 2d 20, 25 (Fla. 2d DCA 2003).
Accordingly, it is ordered and adjudged as follows:
1) Defendant Abest Agencies, Inc.'s Renewed Motion to Abate Stay (Dkt. 17), which this Court construes as a Motion to Dismiss, is granted.
2) The claims against Defendant Abest Agencies, Inc. are dismissed without prejudice.
DONE AND ORDERED.