A 2004 lawsuit sought to sue an insurance company or companies and therefore named, “Lloyd’s Underwriters at, London, a/k/a Underwriters, Lloyd’s of London.” The defendant filed a Motion to Dismiss as well as an affidavit disclaiming that Lloyds was neither a corporation nor insurance company. Two years later, the suit was amended to name “Certain Underwriters at Lloyd’s, London.” That too was found insufficient.
“The defendant described in the amended complaint is not an entity capable of being sued any more than ‘a certain driver in Broward County’ would be a proper defendant…”
The Florida court made reference that a policy number might help. It appears then, that “certain underwriters” with the policy number might be enough to get the case going; then discovery should yield the actual underwriters.
The Fourth District opinion is Certain Underwriters at Lloyd’s, London v. Gilbraltar Budget Plan, Inc., Puritan Budget Plan, Inc., Perry & Co., Equity Premium, MHD Premium Finance Company, Freedom Finance Company, First Grampian Finance Corporation, RDL Premium Finance, Inc. and Delta Finance Company, Inc. The Panel was Gross, Farmer, and Maas (associate judge).