Sentry Insurance v. Echols

Carley, Judge.

Appellee-insureds instituted the instant action in an effort to recover optional personal injury protection (PIP) benefits, a statutory penalty, and punitive damages from appellant-insurer. Appellant raised several defenses to appellees’ claims, including that of the statute of limitation, and moved for summary judgment. Without holding a hearing on the matter, the trial court denied appellant’s motion and expressly ruled that appellees’ complaint was not barred by the six-year statute of limitation. Appellant obtained a certificate of immediate review, and this court granted…