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Statler Wins Summary Judgment for Insurer on Statute of Limitations Defense

03.25.10

John A. Statler, a shareholder at Johnson Duffie, recently obtained an order of summary judgment on behalf of a national auto insurance company. The opposing party in the case was seeking underinsured motorist benefits as a result of a motor vehicle accident. Statler argued that the four-year statute of limitations barred the plaintiff's claims since more than four years had elapsed from the date on which the plaintiff had settled her third-party liability claims with the party at fault in the accident. There was no controlling Pennsylvania appellate case law on the issue. The case was argued before a two-judge panel in Cumberland County. On February 23, 2010, Judge Albert H. Masland issued an order granting summary judgment in favor of Mr. Statler's client. The opposing party did not appeal.