J.R. Argo v. USAA Casualty Insurance Co.
The Court of Appeals said that the insured had not met its burden of establishing an equitable exception to the misidentification rule when a legally separate but related company is mistakenly served with process; specifically, that the correct company had actual notice of the lawsuit, even though the evidence showed that the related companies shared an agent for service of process and a law firm and moreover, the lawsuit petition had identified the correct company.
homeowner's insurance, misnomer, misidentification, separate legal entities, statute of limitations, equitable tolling doctrine, actual notice
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