Bailey v. State Farm Fire & Casualty Insurance

MEMORANDUM OPINION AND ORDER

BARBOUR, District Judge.

This action is presently before the Court on the Motion of Defendant, State Farm Fire and Casualty Company (“State Farm”), for Summary Judgment. The issue presented by State Farm’s Motion is whether Plaintiff, George Dent Bailey (“Bailey”), is precluded from recovering uninsured motorist benefits from State Farm since Bailey can no longer recover against the uninsured tortfeasor by virtue of the running of the six year statute of limitation.

FACTS

On January 13, 1979, Bailey, a guest passenger in a vehicle driven by John Gordon, was injured…