Wilson v. State Farm Mutual Automobile Insurance

I respectfully dissent. From the time of the order for service by publication until the court’s dismissal order ten months later, the record shows no effort by Wilson to locate Strong. This case presents the question of whether, in order to retain her right to pursue a claim against her uninsured motorist carrier, a plaintiff must remain diligent in attempting to personally serve the alleged tortfeasor despite service by publication when the defendant is known but cannot be found.

A known motorist is deemed uninsured when he cannot be personally served. Smith v. Commercial Union Assur. Co.,…