An investor who had purchased two viatical settlements waited too long after the holders of the underlying life insurance policies failed to die when he anticipated to sue the company that had sold the settlements to him, a state judge has ruled.

The statute of limitations on claims that the investor had been misled began to run as soon as the policyholders failed to die when he anticipated and expired well before he actually filed suit, Manhattan Supreme Court Justice Barbara R. Kapnick (See Profile) ruled in Kelly v. Legacy Benefits Corp., 104485/10.

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