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Late amendment adding uninsured motorist claim barred as new cause of action.
The defendant insurer appealed an order permitting the plaintiff to amend her statement of claim to add a claim for uninsured automobile coverage after the limitation period had expired.
The original pleading alleged damages caused by an underinsured motorist and did not plead material facts establishing an uninsured motorist claim under the Insurance Act.
The court held that the proposed amendment introduced a new cause of action outside the limitation period and that the original statement of claim did not contain sufficient material facts to support an uninsured coverage claim.
The court further found that allowing the amendment would cause uncompensable prejudice to the insurer, including the inability to pursue third-party claims against the alleged tortfeasors.
The Master’s order permitting the amendment was therefore set aside.
