Pretzel & Stouffer

Dismissal of a Complaint Brought Against an Insurance Producer

Pretzel & Stouffer Partner Brian C. Rocca, assisted by Michael A. Barry, achieved dismissal of a complaint brought against an insurance producer for its alleged failure to advise the plaintiff-insured of a Premium Adjustment Program applicable to its insurance policies for three consecutive policy years. Brian and Mike successfully argued to the court that the plaintiff’s cause of action was barred by the two year statute of limitations applicable to insurance producers. The trial court agreed with the defense and dismissed the action with prejudice – not allowing the plaintiff an opportunity to re-plead its complaint. The plaintiff then filed a motion to reconsider the dismissal of the complaint. Again, Brian and Mike successfully defeated the plaintiff’s efforts despite that fact the motion was heard by a new trial judge.

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