Kuperman

Plaintiffs and appellants Edward Kuperman, Diana Kuperman, and Nataly Kuperman, a minor, by and through her guardian ad litem, Edward Kuperman, appeal from an order of the superior court striking plaintiffs’ third amended complaint in its entirety as to defendant and respondent Great Republic Life Insurance Company (Great Republic). The primary issue presented by this appeal is whether plaintiffs, who named Great Republic as a defendant in their complaint and first amended complaint, but eliminated all reference to Great Republic in their second amended complaint, were thereafter barred from further amending their complaint to state causes of action against Great Republic. We determine that they were not, and reverse the order.

Procedural History

On June 1, 1984, Edward and Diane Kuperman filed a complaint against Great Republic, Imperial Administrative Services, The Insurance Emporium of America, Connie Zarkosky and Gregory Vainstok, alleging breach of contract, bad faith, fraud, intentional and negligent infliction of emotional distress, unfair practices (Ins. Code, § 790.03, subds. (h) (l)-(3) (5)-(7), (13)), and negligence, based on Great Republic’s alleged failure…