TORT TALK: Motion to Amend Complaint Denied In Flood Insurance ...

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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