U.S. District Court Dismisses Claim Against Insurer As Untimely

Summary

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Where the plaintiff asserts breach of contract and fraudulent claim denial in an action against her disability insurer, was her complaint brought in a timely manner? Has the plaintiff established a viable cause of action that should survive the defendants' motion to dismiss?

U.S. District Court Judge William M. Skretny reviewed these questions in Susan Terry v. Unum Life Ins. Co. of American and National Life Ins. Co., ultimately determining that both causes of action should be dismissed as untimely. The parties presented oral arguments in the U.S. District Court for the Western District of New York last July and the court reserved judgment until January.

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Extract

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U.S. District Court Dismisses Claim Against Insurer As Untimely

Factual Background

In March 1993, plaintiff Susan Terry purchased a disability income policy from National Life Insurance Co., and paid her premiums to keep the policy in effect.

In July 1997, the pl...

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