Monday, January 16, 2017

Judge James M. Munley of Federal Middle District Court Addresses UIM Statute of Limitations

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 2016. 

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 were received. 

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.

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