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 that she and her late husband purchased accidental death benefits shortly before his untimely death in a 1999 boating accident, and filed suit on behalf of herself and their then unborn son to recover the alleged death benefits.
Elliott Greenleaf successfully moved for summary judgment because Plaintiff’s claims were flied after the applicable statutes of limitations had expired. The trial court agreed that Plaintiff’s allegations of fraudulent concealment were “unsupported”, and “that the statutes of limitations on Plaintiff’s claims were not tolled.” The Superior Court’s Opinion then concluded that “the trial court was correct in finding [Plaintiff’s] delay in filing suit inexcusable.”
Raymond J. Santarelli, Colin J. O’Boyle and Michelle E. Costa successfully represented Defendants at trial and on appeal.