In the case of Legos v. Travelers Cas. Co. of Conn., 3:16-cv-1917 (M.D. Pa. Dec. 19, 2016 Munley, J.), Judge James M. Munley addressed the issue of the statute of limitations in a UIM case.
According to the Opinion, the third party case Release
was signed in March 2012. The settlement
monies were received by the Plaintiff in April 2012.
The Plaintiff’s UIM suit was filed in April
The insurance company argued that the statute of
limitation expired because the UIM claim had to be filed within 4 years of the
date of the Release.
The insured asserted that the statute of limitations
was met because suit was filed within 4 years of when the settlement monies
Judge Munley ruled that issues of fact remained
about when the insured recognized the third party was an underinsured
motorist. As such, the carrier’s motion
to dismiss was denied.
Anyone wishing to review this Opinion may click this LINK.
I send thanks to Attorney Scott Cooper of the Schmidt Kramer law firm in Harrisburg, PA for bringing this case to my attention.