What is the test for an amended pleading in a personal injury action?
California, United States of America
The following excerpt is from Fire Ins. Exchange v. Superior Court (Johnson), 224 Cal.App.3d 1507, 260 Cal.Rptr. 299 (Cal. App. 1989):
3 Because each of the theories alleged in the amended pleading is "fundamentally a claim on the policy" (Lawrence v. Western Mutual Ins. Co. (1988) 204 Cal.App.3d 565, 575, 251 Cal.Rptr. 319), the entire action is subject to the contractual claims limitation provision in the policy.
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