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 January 2006 - Summary Judgment Granted in Favor of UIM Insurer The Trial Court granted the Defendant Insurer's Motion for Summary Judgment, holding that the Plaintiff's claims for Underinsured motorist benefits were barred by the two-year statute of limitations. The Plaintiff claimed that the lawsuit was filed timely because the case was governed by the six-year statute of limitations. The Defendant argued that because the lawsuit was filed outside the two-year statute of limitations, the Plaintiff was not "legally entitled to recover" from the underinsured motorist and therefore could not recover UIM benefits. The case was defended by Evans Brittain.
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