Smith v. Arbella Mutual Insurance

This appeal raises the propriety of an order granting relief from judgment because of a change or, rather, a clarification in decisional law. A recounting of the procedural history of the action is in order.

The plaintiff was involved in a collision with an uninsured motor vehicle on November 29, 1989, a time when he was insured by the defendant under a policy including uninsured motorist coverage. No notice of his uninsured motorist claim was received by the defendant until May 15, 1992, when the plaintiff filed this action to compel coverage and to proceed to arbitration. The defendant filed…