Uninsured motorist claim reinstated

More than two years after suing his insurance company for underinsured motorist benefits, Ezra Bradshaw amended his complaint to add a claim for uninsured motorist benefits.  The trial court granted the insurer’s summary judgment motion, and the Court of Appeals affirmed, holding that neither the discovery rule nor Trial Rule 15(C) rendered Bradshaw’s amended complaint timely. On October 30, 2009, the Indiana Supreme Court reversed the trial court’s grant of summary judgment, noting, “We see requiring insured plaintiffs with similar policy provisions to assert both underinsured and uninsured claims against their insurers as likely adding paperwork of little value to litigation of this sort.”