Facts

On May 13, 2022, Charles Abernathy brought an action against Liberty Insurance Corporation (Liberty), alleging three claims for breach of contract, breach of the implied contract of good faith and fair dealing, and elder abuse. On March 27, 2023, the court granted Liberty's motion to dismiss, and dismissed Abernathy's elder abuse claim with leave to amend. Abernathy filed a First Amended Complaint on April 20, 2023. On September 19, 2023, the court granted Liberty's second motion to dismiss, and dismissed Abernathy's elder abuse claim with prejudice. On October 3, 2023, Liberty answered the First Amended Complaint and asserted three counterclaims for fraudulent misrepresentation, fraudulent concealment, and negligent misrepresentation. On December 29, 2023, the court granted Liberty's motion for summary judgment on Abernathy's remaining claims for breach of contract and breach of the implied covenant of good faith and fair dealing. On January 17, 2024, Liberty filed a motion to dismiss its remaining counterclaims.

PLAINTIFF'S CONTENTIONS: Plaintiff denied all contentions.

DEFENDANT'S CONTENTIONS: Defendant requested that the court dismiss its counterclaims for fraudulent misrepresentation, fraudulent concealment, and negligent misrepresentation without prejudice and argued that the court should not attach any conditions to the dismissal because dismissing the counterclaims would not result in any "legal prejudice" to Plaintiff.

Result

The court granted defendant's motion to dismiss its counterclaims without prejudice.