In Nelson v. Vigilant Insurance Company, the insured sought a declaratory judgment and asserted breach of contract and bad faith claims against two insurers. The insurers moved to dismiss based on a two year contractual statute of limitations. The court determined that it could not rule against the insured at the motion to dismiss stage, and distinguished a case arguing that the discovery rule could not apply because it was at the summary judgment stage.
Date of Decision: November 9, 2007
Nelson v. Vigilant Ins. Co., United States District Court for the Western District of Pennsylvania, No. 07-1406, 2007 U.S. Dist. LEXIS 83394 (Schwab, J.)