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1999 SESSION

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HB 2582 Relation back to orig. pleading; confusion in trade name.

Introduced by: Brian J. Moran | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Amendment of pleading; relation back to original pleading; confusion in trade name. Provides that the statute of limitations is tolled whenever a party incorrectly asserts a claim against the wrong party because the trade name of the incorrectly named party is substantially similar to the trade name of the intended party. The party (or its agent) to whom the plaintiff intended to assert the claim must have notice of the claim, and the incorrect claim must have been asserted before the expiration of the applicable limitations period. The bill also provides for tolling of the statute of limitations when a pleading against the estate of a decedent is served or attempted on the executor who, at the time of service, had no authority to accept service.

SUMMARY AS PASSED HOUSE:

Amendment of pleading; relation back to original pleading; confusion in trade name. Provides that the statute of limitations is tolled whenever a party incorrectly asserts a claim against the wrong party because the trade name of the incorrectly named party is confusingly similar to the trade name of the intended party. The party to whom the plaintiff intended to assert the claim must have notice of the claim, either directly or indirectly through the insurance carrier or agent, and the incorrect claim must have been asserted before the expiration of the applicable limitations period. The bill also provides for tolling of the statute of limitations when a pleading against the estate of a decedent is served or attempted on the executor who, at the time of service, had no authority to accept service.

SUMMARY AS INTRODUCED:

Amendment of pleading; relation back to original pleading; confusion in trade name. Provides that the statute of limitations is tolled whenever a party incorrectly asserts a claim against the wrong party because the trade name of the incorrectly named party is confusingly similar to the trade name of the intended party. The party to whom the plaintiff intended to assert the claim must have notice of the claim, either directly or indirectly through the insurance carrier or agent, and the incorrect claim must have been asserted before the expiration of the applicable limitations period.