Key Takeaway
Jason Tenenbaum examines a curious amicus brief filing by American Transit Insurance Company in a statute of limitations case involving governmental entities.
The statute of limitations for personal injury cases can vary significantly depending on who you’re suing. While most personal injury claims in New York must be filed within three years, cases against governmental entities often face different time constraints. This distinction becomes particularly important when insurance companies have financial interests at stake.
A recent Court of Appeals case highlights an interesting development where an insurance company with no apparent direct involvement decided to weigh in on a crucial timing issue. Understanding these statute of limitations nuances is essential for anyone considering legal action, as missing these deadlines can be fatal to otherwise valid claims.
The case also demonstrates how appellate courts have struggled with consistency when applying different limitation periods to various types of defendants.
Jason Tenenbaum’s Analysis:
Contact Chiropractic, P.C., as Assignee of Girtha Butler v N. Y. City Tr. Auth., 2017 NY Slip Op 88572 (2017)
Apparently, an entity that has NO stake in this battle, American Transit Ins. Co., felt the need to file an Amicus on this issue. Should make for some light an highly relevant reading.
Assuming the Court reverses and finds that lawsuits against governmental entities is guided by a three year statute of limitation, ATIC will clearly benefit from a favorable ruling. Logical right? Oh Brooklyn Bridge, for how much do I sell thee?
“Motion by American Transit Insurance Company for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Three copies of the brief must be served and an original and nine copies filed within seven days.”
Key Takeaway
When insurance companies file amicus briefs in cases where they claim no direct interest, it’s worth examining their true motivations. American Transit Insurance Company’s involvement in this statute of limitations dispute suggests they anticipate financial benefits from a ruling favoring a three-year limitation period for governmental entity lawsuits.
