Horowitz v. Universal Underwriters Insurance

BECK, Judge:

In this appeal we consider whether the trial court erred in denying the appellant’s petition to amend its answer to the appellee’s counterclaim to assert the statute of limitations as an affirmative defense, more than four and a half years after the appellant filed its original answer.

On April 22, 1981, fire damaged the premises of John’s Chevrolet (“John’s”) on Frankford Avenue in Philadelphia. Several days later; John’s engaged the services of Lawrence Horowitz, Alan Horowitz and Bertram Horowitz, co-partners t/a Young Adjustment Company (“Young”), to aid them in adjusting their…