Esad Osmic v. Nationwide Agribusiness Insurance Company

MANSFIELD, Justice.

We must decide whether a policy provision limiting the time to file an action to recover underinsured motorist’s benefits is binding on a passenger who was injured while riding in the named insured’s vehicle. The passenger brought this action approximately one month after the deadline set forth in the policy, which required suit to be commenced “within two years after the date of the accident.”

We conclude the passenger, as an insured and a third-party beneficiary of the policy, does not have greater rights than the policyholder. Thus, the passenger cannot avoid the…