"Relation Back" Doctrine – Clourine Sealy V. National General Insurance Co.

"Relation Back" Doctrine

Clourine Sealy v. National General Insurance Co. et al, 506107/2020 (Sup. Ct., Kings Co. Feb. 10, 2022)

In this property insurance coverage dispute the plaintiff sued National General four days before the suit limitation period expired. National General moved to dismiss the complaint on the ground that it did not issue the policy; one of National General's affiliates, MIC General Insurance Company, issued the policy.

The plaintiff responded by amending the complaint to add MIC General as a defendant. MIC General then moved to dismiss the amended complaint against it based on the two-year suit limitation provision within MIC General's insurance policy, since the insured loss occurred more than two years before MIC was added to the case.