Whirl v. Safeco Insurance

Eldridge, Judge.

This subrogation action, brought under OCGA § 33-7-11 (f), presents an issue of first impression in this state: Does the two-year statute of limitation for a personal injury claim (OCGÁ § 9-3-33) 2 apply to an insurer who brings a subrogation action under OCGA § 33-7-11 (f) to recover for the uninsured motorist personal injury payments it made to its insured, or does OCGA § 33-7-11 (f) create a statutory right of subrogation that gives the insurer, pursuant to OCGA § 9-3-22, 3 twenty years from the date of the collision to file suit? We conclude that, under the plain and…