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Assignments Can’t Save Every Amended Complaint

Motor Vehicle Litigation / March 19, 2019

If a provider filed suit before obtaining an assignment, and subsequently an assignment is executed more than one year after the benefits were incurred, any and all such benefits are ripe for dismissal. If the trial court allows an amended complaint to be filed, it will not relate back to the original filing if the amended complaint is based upon an assignment of benefits incurred more than one year before the assignment was executed.

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