 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Sturdivant v. Andrews11/4/2003
ponsible for the insured's injuries only when the limits of the tortfeasor's liability coverage have been exhausted).
Although dicta, the Court's reasoning is consistent with N.C. Gen. Stat. § 20-279.21(b)(3)(a). Under the statute, after an insured has served an uninsured motorist carrier with a copy of a summons, complaint, or other process, the carrier becomes a party to an action between the insured and the UM and is permitted to defend the suit in its own name or the name of the uninsured motorist. N.C.G.S. § 20279.21(b)(3)(a) (2001). In requiring the UM carrier to be included in the underlying tort action, the legislature intended to subject the insured's action against the carrier to the statute of limitations for the tort claim. Cf. Pennington, 356 N.C. at 576-77, 573 S.E.2d at 122 (finding that an insured does not need to notify a UIM carrier within the statute of limitations for the tort claim against a UIM because N.C. Gen. Stat. § 20-279.21(b)(4) does not specify the form, substance, or manner of the notice to be given to a UIM carrier and does not require such an insurer to become a party in the tort action).
The Court's reasoning in Pennington is also consistent with this Court's earlier ruling in Thomas v. Washington, 136 N.C. App. 750, 525 S.E.2d 839 (2000). In Thomas, this Court concluded that an insured's action against a UM carrier was time-barred because the insured failed to properly serve the carrier within the three-year statute of limitations for the underlying negligence action against the uninsured motorist. Id. at 756, 525 S.E.2d at 843.
In the instant case, plaintiff's daughter died as a result of an accident on 12 April 2000. Atlantic, plaintiff's UM carrier, was served with a copy of the summons and complaint of the underlying wrongful death action on 3 July 2002, well after the two-year statute of limitations for the action had run. See Thomas, 136 N.C. App. at 754, 525 S.E.2d at 842 (stating that the applicable statute of limitations begins to run on the date of accident for actions against both the tortfeasor and the UM carrier). Consequently, Atlantic cannot be made a defendant, and the trial court properly dismissed plaintiff's action against Atlantic.
Affirmed.
Judges McGEE and GEER concur.
|