Smith v. Travelers Casualty Insurance Co., No. 18-20465 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed the district court's grant of summary judgment for Travelers in an action brought by the insured, alleging contractual and statutory violations arising from the denial of her commercial property insurance claim.
The court agreed with the district court that all of Travelers's limitations defenses were raised at a pragmatically sufficient time and that the insured was not prejudiced in her ability to respond. The court held that the insured's injury was inherently discoverable and the court need not reach the question of whether it was objectively verifiable. Therefore, the discovery rule was unavailable in this case. The court held that, because the insured's causes of action accrued on November 13, 2013, her January 25, 2016 suit was untimely.