New York Court of Appeals
Farage v. Associated Ins. Mgt. Corp.
November 26, 20242024 NY Slip Op 05875
Summary
The Court of Appeals affirmed dismissal of the complaint because the plaintiff did not plead or otherwise submit sufficiently specific facts showing that the insured property could not reasonably have been repaired or replaced within the policy's two-year suit limitation period. The policy therefore conclusively established a time-bar under the documentary-evidence dismissal provision, and the related claims against the insurance brokers also failed because the plaintiff's inability to recover resulted from her untimely action. The court did not reach the merits of the alleged insurance coverage or breach claims.