Friday, April 25, 2014

REPEAT AFTER ME: Raise Statute of Limitations Defense by New Matter, Not Preliminary Objections

In its unpublished Opinion in the case of Fieldhouse v. Metropolitan Prop. & Cas. Ins. Co., 1226 EDA 2013 (Pa. Super. April 9, 2014 Bender, P.J., Shogan, J., Fitzgerald, J.)(Mem. by Shogan, J.), the Pennsylvania Superior Court once again confirmed that the proper way to pursue a statute of limitations defense is not by Preliminary Objections, but rather by raising the statute of limitations in the Answer and New Matter as required by Pa.R.C.P. 1030 followed by a Motion for Judgment on the Pleadings and/or a Motion For Summary Judgment as may be appropriate under the circumstances.

Please click HERE if you wish to review this Opinion for future reference.

I send thanks to Scott Cooper, Esq. of the Harrisburg law firm of Schmidt Kramer for publicizing this decision.

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