Grumman Corp. v. Travelers Indemnity Co.
Cases that cite this one
8 later published cases cite this decision.
- Keita v. American Security Insurance Company (District Court, E.D. New York 2021)
- Vaccaro v. New York Central Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2014)
- Vaccaro v. New York Central Mutual Fire Insurance (Appellate Division of the Supreme Court of New York 2014)
- Stubbs v. Pirzada (Appellate Division of the Supreme Court of New York 2008)
- Garcia v. Peterson (Appellate Division of the Supreme Court of New York 2006)
- Affordable Auto Repair, Inc. v. Travelers Indemnity Co. (Appellate Division of the Supreme Court of New York 2002)
- Enright v. Nationwide Insurance (Appellate Division of the Supreme Court of New York 2002)
- Phillips v. Dweck (Appellate Division of the Supreme Court of New York 2002)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Phelan, J.), entered May 12, 2000, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendant established prima facie that the action was barred by the two-year limitation period contained in the insurance policy issued to the plaintiff (see, Gongolewski v Travelers Ins. Co., 252 AD2d 569). The plaintiff did not meet its burden of demonstrating the existence of any triable issue of fact. Subsequent to the expiration of the contractual limitation
An insured is bound by the terms of the contract and can protect itself by “either beginning an action before expiration of the limitation period or obtaining from the carrier a waiver or extension” (Blitman Constr. Corp. v Insurance Co., 66 NY2d 820, 822). However, investigation of a claim by an insurance company does not constitute a waiver of its limitations defense (see, Blitman Constr. Corp. v Insurance Co., supra, at 822). Nor do the facts here show that the defendant, by its conduct, otherwise lulled the plaintiff into sleeping on its rights under the insurance policy because it offered to settle the claim. “Evidence of communications or settlement negotiations between an insured and its insurer” before or after expiration of the limitations period set forth in a policy, standing alone, is not sufficient evidence to establish estoppel (Frank Corp. v Federal Ins. Co., 70 NY2d 966, 968).
The plaintiffs remaining contentions are without merit. O’Brien, J. P., Friedmann, Schmidt and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.