Elliott Greenleaf won dismissal of all claims against its clients Standard Security life Insurance Company of New York and HCC Specialty Underwriters, Inc. f/k/a American Specialty Underwriters that were brought by the widow of former NHL player, Dmitri Tertyshny. Plaintiff alleged she and her late husband purchased accidental death benefits just months before Mr. Tertyshny’s untimely death in a boating accident in 1999. Plaintiff filed suit in May 2010 on behalf of herself and their son, who was unborn at the time of Mr. Tertyshny’s death, to recover an alleged $1 million death benefit she claimed her late husband purchased.
Elliott Greenleaf proved in pre-trial discovery that accidental death benefits were not purchased and Plaintiff’s claims were filed long after any applicable statutes of limitation had expired. Agreeing with Elliott Greenleaf, the Court, after a thorough review of the summary judgment record, concluded that Plaintiff’s allegations of fraudulent concealment were “unsupported” and, were not “sufficient to show that the statutes of limitation on Plaintiff’s claims should have been tolled under the fraudulent concealment doctrine.”