Pacquette v. Tower Insurance Co.

MCWG Decisions, 2020

Pacquette v. Tower Insurance Co., Index No. 5001153/19 (N.Y. Sup. Ct. May 12, 2020)

The plaintiffs waited almost four years after a loss to commence an action against their insurer. Tower Insurance Company moved to dismiss the complaint on the ground that it was filed after the expiration of the insurance policy's two-year suit limitation period. In opposition, the plaintiffs argued that the insurer's disclaimer letter was confusing and ineffective, which prejudiced their right to file suit. The court disagreed, finding that the plaintiffs did not suffer prejudice from the insurer's declination letter, and granted the insurer's motion to dismiss on the ground that the lawsuit was not commenced within the limitations period set forth in the policy.