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Summerwind West Condominium Owners Assn. Inc. v. Mt. Hawley Ins. Co.

Good Cause Shown for Answer's Amendment to Assert Defense of Scheme to Defraud

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OPINION AND ORDER Plaintiff Summerwind West Condominium Owners Association brings a breach of contract claim against Defendants Mt. Hawley Insurance (“Mt. Hawley”) and Syndicate 1458 at Lloyd’s of London in this insurance coverage dispute over damage to Plaintiff’s property purportedly caused by Hurricane Sally in September 2020. Defendants answered the Complaint in September 2021, and the Court-ordered deadline to amend pleadings expired in December that same year. Discovery concluded on February 1, 2023. Defendants have now moved for leave to amend their Answer to add a new affirmative defense premised on Plaintiff’s fraudulent conduct, urging that evidence uncovered in discovery revealed Plaintiff’s scheme to defraud Defendants and that such fraud voids the subject insurance policy. Plaintiff opposes the motion on futility and prejudice grounds. The Court finds that good cause exists to modify its scheduling order, that Defendants have adequately pleaded their proposed affirmative defense, and that any prejudice arising from the prospect of additional discovery is insufficient to warrant denial of leave to amend. Accordingly, the Court grants Defendants’ motion. I. Background A. Plaintiff’s Underlying Claim¹ Plaintiff is a Florida corporation that operates Summerwind West Condominium, a building in Santa Rosa County, Florida, which was insured from August 2020 to August 2021 under a commercial property policy issued by Mt. Hawley² and Syndicate 1458 at Lloyd’s of London, a United Kingdom corporation. Complaint

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