State Farm Mutual Automobile Insurance v. Wharton

OPINION

By the Court,

Mowbray, J.:

State Farm Automobile Insurance Company, as subrogee of its named insured, Murwyn H. Fain, sued Devola M. Wharton for $14,875, representing moneys that State Farm had paid under the provisions of the uninsured motorist clause of its automobile insurance policy to Murwyn H. Fain and his passengers — his wife, Vyrle, and Floyd and Veda Jones — all of whom were injured in an accident involving the Fain vehicle and one driven by Respondent Devola M. Wharton.

Wharton filed a motion to dismiss the complaint on the ground that the action was barred by the 2-year…