Plaintiffs, Charles Faber and Karen Faber, filed suit against insurance agencies and related individuals, claiming insurance malpractice. Defendants moved for summary judgment on the basis that Plaintiffs’ claims were barred by the statute of limitations. Plaintiffs responded that the limitation period was tolled because Charles could not reasonably have discovered the alleged insurance malpractice until a date within the limitations period because a reasonable person does not read his or her insurance policies. Summary judgment was entered for Defendants on grounds that Plaintiffs’ claims were time-barred under the three-year limitation period for insurance malpractice claims. The Supreme Court affirmed, holding that Plaintiffs’ claims against Defendants were untimely.
This is an insurance malpractice case, a case in which the plaintiff claimed that it was insurance malpractice to fail to include uninsured motorist coverage in his umbrella policy. The court rejected this claim because the insurance company sent notices to the plaintiff explaining exactly what coverage he had purchased. Because the change in coverage (dropping the uninsured motorist coverage) occurred in 2002, the statute of limitations had long expired before the Plaintiff filed suit.