Commercial Union Insurance Company v. Wraggs

Banke, Judge.

The appellee was injured in a motor vehicle collision on August 18, 1978, and filed suit against the driver of the other vehicle on August 15,1980. Service of a second original complaint was perfected on the appellant, her uninsured motorist carrier, on December 9, 1980, almost 28 months after the collision. The appellant moved to dismiss, contending the suit was barred by the statute of limitation. The trial court denied the motion based in part on a finding that the appellee had been unaware that the other driver was uninsured until after the statutory period had expired, and…