Robertelli granted motion for summary judgment on behalf of client
March 17, 2016 |John Robertelli was granted the motion for summary judgment filed on behalf of defendant Metropolitan Group Property and Casualty Insurance Claim and dismissed the Plaintiff’s Complaint with prejudice. In adopting all of Metropolitan’s arguments, Judge McNulty held that the Complaint was filed beyond the one year suit limitation contained in the policy. He determined that the date of the last check (February 4, 2013) sent to the insured on behalf of Metropolitan was the proper time to measure the limitations period which, in accordance with the clear terms set forth in the policy, expired on February 4, 2014.
In rejecting Plaintiff’s contention that there was an equitable tolling of the limitations period, Judge McNulty held that there was no evidence to support Plaintiff’s theory. He reasoned that there was no allegation of inequitable conduct by Metropolitan or reliance, let alone evidence to support same. He noted that Metropolitan’s actions were not misleading in any way.
