Ochello v. Liberty Mut. Fire Ins. Co., 2011 U.S. Dist. LEXIS 48973, 2011 WL 1750240 (S.D. Miss. May 6, 2011)
Wells Marble obtained summary judgment for Liberty Mutual Fire Insurance Company in this case involving two uninsured/underinsured motorist claims in which the plaintiff asserted causes of action for breach of contract and bad faith. In response to Liberty’s assertion that the statute of limitations barred plaintiff’s claims, plaintiff argued that an additional payment by Liberty for property damages, pursuant to “Collision” coverage under the insurance policy, operated to toll, extend or reopen the statute of limitations with respect to the uninsured/underinsured motorist claims. The district court rejected this argument and granted summary judgment in favor of Liberty.