EX PARTE NATIONWIDE INS. CO.

1061708.

991 So.2d 1287 (2008)

Ex parte NATIONWIDE INSURANCE COMPANY. (In re Donna Jo Chapman Alexander v. Verner Lee Herron et al.)

Supreme Court of Alabama.

April 18, 2008.


Attorney(s) appearing for the Case

Kori L. Clement of Hare, Clement & Duck, P.C., Birmingham, for petitioner.

Aubrey J. Holloway of Gaines, Wolter & Kinney, P.C., Birmingham, for respondent Verner Lee Herron.

Roger M. Monroe, Montgomery, for respondent Donna Jo Chapman Alexander.


SEE, Justice.

Nationwide Insurance Company ("Nationwide") petitions this Court for the writ of mandamus directing the trial court to dismiss as untimely Donna Jo Chapman Alexander's claim for underinsured-motorist ("UIM") benefits. We conclude that Alexander did not exercise due diligence in ascertaining the identity of Nationwide as one of the fictitiously named defendants and amending her complaint to substitute Nationwide for a fictitiously named defendant before...

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