Malave v. Allstate Insurance

POPE, Presiding Judge.

This case raises a question regarding service on an uninsured motorist carrier in a renewal action under OCGA § 9-2-61. Following Stout v. Cincinnati Ins. Co., 269 Ga. 611 (502 SE2d 226) (1998), we hold that service on an uninsured motorist carrier (UMC) in a valid renewal action filed after the running of the statute of limitation is valid even though the carrier was not served in the original action.

On June 8, 1997, Orlando Malave was in an automobile accident with Amy Sue Lescrynski. On June 7, 1999, one day before the expiration of the statute of limitation, Malave…