Master Polika dealt with similar facts as in the present case in Kostecki v. Goodman[2] where he found that special circumstances were present to allow the amendment. The special circumstances he found also exist in this case: Evidence led to the erroneous but not unreasonable conclusion that the named defendant was the owner of the automobile. The insurer was aware of the accident immediately and knew of the seriousness and that there was an injury. The true owner of the automobile has known about the accident since shortly after it happened. There is an explanation for the error and no evidence of bad faith.
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