Notte v. Merchants Mutual Insurance

The clear language of Rule 4:9-3, the “relation back” rule, provides that “[wjhenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleadingf.]” In this appeal, we reaffirm the plain import of the Rule and hold that, under the circumstances present here, the causes of action pled in the corrected amended complaint by-plaintiff Robert Pantano (Pantano) against defendants Merchants Mutual Insurance Company (Merchants)…