Opinions

Ezra Bradshaw v. Gary Chandler
Case Number:  49S05-0904-CV-150

Summary: Following a car accident, Ezra Bradshaw filed a complaint against his own insurance company for underinsured motorist benefits.  Over two years after the accident, Bradshaw amended his complaint against his own insurance company to add a claim for uninsured motorist benefits.  The insurance company moved for summary judgment, arguing the amended complaint was barred by a two-year contractual limitation period.  The trial court granted the motion, and the Court of Appeals affirmed, holding that neither the discovery rule nor Trial Rule 15(C) rendered Bradshaw’s amended complaint timely.  Bradshaw v. Chandler, No. 49A05-0806-CV-363 (Ind. Ct. App. 2008), vacated.  The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.