Ex Parte Nationwide Ins. Co.

SEE, Justice.

Nationwide Insurance Company (“Nationwide”) petitions this Court for the writ of mandamus directing the trial court to dismiss as untimely Donna Jo Chapman Alexander’s claim for underinsured-motorist (“UIM”) benefits. We conclude that Alexander did not exercise due diligence in ascertaining the identity of Nationwide as one of the fictitiously named defendants and amending her complaint to substitute Nationwide for a fictitiously named defendant before the statutory limitations period had expired; therefore, we grant the petition and issue the writ.

Facts and Procedural History

On…