Eric Dinnocenzo. Courtesy PhotoNew York Court of Appeals Tightens Pleading Standards Against Insurance Policyholder
In a recent split decision by the New York Court of Appeals in an insurance litigation case, the majority declined to extend a statute of limitation because, in its view, the insured’s complaint did not contain enough specific information about why the repairs were not completed within two years.
December 16, 2024 at 04:31 PM
7 minute read
If pleading requirements are like a vise grip, the New York Court of Appeals has tightened it on plaintiffs—edging closer to the more demanding federal standard by dismissing a breach of contract action brought by an insurance policyholder for filing an insufficiently detailed complaint.
In Farage v. Associated Insurance Manager, decided on Nov. 26, 2024, the court had to decide whether the plaintiff could be relieved from the shortened two-year limitations period contained in her New York fire insurance policy, based on an exception carved out a decade earlier in a 2014 Court of Appeals decision, Executive Plaza LLC v. Peerless Insurance for when “the property cannot reasonably be replaced within two years.”
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