Jennifer Remy-Estorino and Martin P. Blaya, of our Miami office, got Plaintiff to accept $500 in a case with a $100,000 demand and a unique statute of limitations defense based on New Hampshire contract law. The car accident occurred in North Carolina. Plaintiff had a New Hampshire car insurance policy. Defendant/tortfeasor driver resided in Miami-Dade County, which is where the case was filed. Plaintiff initially filed suit solely against the tortfeasor driver within three years of the accident. Plaintiff then amended her complaint twice, after three years elapsed from the date of the accident, to include a claim against the insurance carrier for underinsured motorist coverage.

Significantly, claims for underinsured motorist benefits in New Hampshire are governed by the statute of limitations for personal actions, which is three years, and commences to run on the date when the insurer rejects the insured’s claim, and which would have prevented the application of the statute of limitations defense. But, Jenny and Martin conducted further research and found a caveat: the statute of limitations commences to run on the date when the insurer rejects the insured’s claim unless there is a provision in the insurance policy coverage terms stating otherwise. The subject policy did, indeed, include such a provision. Jenny and Martin filed a motion to dismiss based on the statute of limitations defense and set it for hearing. Two weeks prior to the hearing, Plaintiff accepted $500 instead of the $100,000 she was demanding.