Limitations Provision Is Ambiguous, Does Not Bar Living Expenses Claim

Mealey's (January 11, 2016, 2:19 PM EST) -- NEW YORK — A policy’s two-year limitations provision is ambiguous and cannot be applied to bar an insured’s claim for additional living expenses arising out of water damage to his apartment, a New York federal magistrate judge said Jan. 7 in denying the insurer’s motion to dismiss (Steven Hirth v. The American Insurance Co., No. 15-3245, S.D. N.Y.; 2016 U.S. Dist. LEXIS 1793).

(Opinion available. Document #03-160113-001Z.)

Steven Hirth filed suit in New York state court against his homeowners insurer, The American Insurance Co. (AIC), alleging...
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