Essex Insurance Co. v. William Kramer & Associates, LLC

In this negligence case, the Supreme Court answered a question certified to it by a federal district court by concluding that the trial evidence was not legally sufficient to support the jury's finding that a continuing course of conduct tolled the statute of limitations.Plaintiff insurer brought this untimely filed action against Defendant claims adjuster alleging that Defendant caused Plaintiff to incur liability to a mortgagee. Plaintiff argued that the limitation period for commencing an action was tolled until Defendant produced a document in its files that reflected the mortgagee's interest during the course of litigation between the mortgagee and Plaintiff. The jury rendered a verdict in favor of Plaintiff. The court, however, set aside the jury's verdict on the ground that there was insufficient evidence to support the jury's finding that a continuing course of conduct tolled the action. The Supreme Court concluded that the evidence was not legally sufficient to toll the statute of limitations. View "Essex Insurance Co. v. William Kramer & Associates, LLC" on Justia Law