Claim for Statutory Damages – Chan Tien Yang V. Mountain Valley Indemnity And National General – Litigation, Mediation and Arbitration


United States: Claim for Statutory Damages – Chan Tien Yang V. Mountain Valley Indemnity and National General

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Combination limitations

Chan Tien Yang vs. Mountain Valley Indemnity Co. and National General Ins. Co.725077/2020 (C. Sup., Queens Co., September 15, 2021)

This case involved an insurance claim for alleged property damage resulting from a burst water main. By decision dated September 28, 2021, Judge Karina E. Alomar, Supreme Court of New York, Queens County, dismissed the entire claim against the two insurance companies, finding that documentary evidence proved that the Complaint had been filed outside the statute of limitations for prosecution by the police, and therefore time-barred. The Court found that the action brought by the plaintiff had not been brought within twelve months of the date of the loss and therefore granted the motion to dismiss.

Kevin F. Buckley and Arie J. Smith represented Mountain Valley Indemnity Company and National General Insurance Company.

The decision can be read here.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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