Simpson v. CNA Insurance Companies
Simpson v. CNA Insurance Companies
Opinion of the Court
SUMMARY ORDER
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.
Plaintiff Roy Simpson appeals from the February 15, 2001, judgment of the United States District Court for the Eastern District of New York (Arthur D. Spatt, Judge) dismissing his lawsuit after a jury verdict in favor of defendant CNA Insurance Companies, et al. (collectively, “CNA”). CNA issued a homeowner’s insurance policy to Simpson. The policy was in effect in September 1994, when a fire substantially damaged Simpson’s home and its contents.
On appeal, Simpson argues that the district court’s instructions to the jury and verdict sheet were erroneous. According to plaintiff, once the jury found in Question 1 that a new agreement existed between the parties based on their negotiations, it was error for the district court to dictate the terms of the new agreement in its instructions or verdict sheet rather than let them determine the terms. In addition to opposing this contention, CNA argues on appeal that it was entitled to judgment as a matter of law because there was no evidence of a new agreement and the insurance policy contained a two-year statute of limitations that plaintiff clearly failed to meet. We review these issues of law de novo, and upon careful examination of the record affirm the judgment below. In particular, we have considered all of plaintiff-appellant’s arguments and find none sufficient to warrant reversal.
Reference
- Full Case Name
- Roy SIMPSON v. CNA INSURANCE COMPANIES and Transportation Insurance Company, The Glen Falls Insurance Company
- Status
- Published