PROVIDENCE (March 6, 2013) – Tim Groves recently persuaded a Connecticut Superior Court judge to dismiss the claim of a woman seeking underinsurance coverage for injuries resulting from an auto accident.
Groves successfully argued that the woman’s lawsuit was filed beyond the time limitation permitted under the insurance policy. Connecticut law allows an insurance company to limit the time within which a lawsuit may be filed against it for uninsured or underinsured coverage in an automobile liability policy.
The woman was injured in an auto accident in 2008. She obtained the full amount of $20,000 under the insurance policy of the driver of the other vehicle, and then sued for underinsurance coverage in policies related to the company vehicle she was driving at the time of the accident.
The judge rejected the woman’s argument that – even though the complaint was filed beyond the time permitted – fairness and equity should permit the late filing because of a mistaken identity as to the underinsurance carrier. The judge also rejected the argument that because the woman had timely filed a complaint against another insurance company she should be allowed to add the firm’s client to the case.
About Barton Gilman
Barton Gilman is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. The Providence Business News has named the firm as one of Rhode Island’s Best Places to Work for five consecutive years (2008–2012).