Suit Limitations
Chan Tien Yang v. Mountain Valley Indemnity Co. and National General Ins. Co., 725077/2020 (Sup. Ct., Queens Co., Sept 15, 2021)
This case involved an insurance claim for alleged property damage as a result of a water pipe bursting. By decision dated September 28, 2021, Judge Karina E. Alomar, New York Supreme Court, Queens County, dismissed the entirety of the complaint against both insurance companies, holding that documentary evidence proved that the complaint was filed outside of the suit limitation period in the policy, and therefore time-barred. The Court found that the suit brought by Plaintiff was not commenced within twelve months of the date of loss and therefore granted the motion to dismiss.
Kevin F. Buckley and Arie J. Smith represented Mountain Valley Indemnity Company and National General Insurance Company.
The decision can be read here.