Lee v. Henson

Banke, Presiding Judge.

On February 13, 1986, the appellant filed suit against the appellee to recover damages for injuries sustained in an automobile accident which had occurred on March 7, 1985. Service was perfected on the appellee five days later; however, he failed to file an answer. On March 13, 1987, after the expiration of the two-year statute of limitation, the appellant caused a copy of the complaint and summons to be served on his own uninsured motorist carrier, Universal Insurance Company, which responded by denying liability based on the running of the statute of limitation.

The…