York et al v. Nationwide General Insurance Company, No. 3:2019cv00507 - Document 9 (E.D. Va. 2019)
Court Description: OPINION. Signed by District Judge John A. Gibney, Jr on 12/03/2019. (tjoh, )
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York et al v. Nationwide General Insurance Company Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JOHN YORK and CAROLINE YORK, Plaintiffs, Civil Action No. 3:19-cv-507 V. NATIONWIDE GENERAL INSURANCE COMPANY, Defendant. OPINION The plaintiffs, John and Caroline York ("the Yorks"), took out a homeowner's insurance policy with Nationwide General Insurance Company ("Nationwide") that covered fire damage. After a fire damaged the Yorks' home,the Yorks submitted claims to Nationwide under the policy. Nationwide paid some, but not all, of the claims. The Yorks have sued Nationwide for failing to fully satisfy their claims. Nationwide now moves to dismiss, arguing that a limitations provision in the policy bars this action. The Court will grant the motion to dismiss because the limitations period passed more than three years ago, and the principles of equitable estoppel do not prevent the application ofthe limitations provision. L FACTS On May 16, 2014, a fire damaged the Yorks' home. The Yorks had a homeowner's insurance policy with Nationwide that covered fire damage. Following the fire, the Yorks submitted claims for the fire damage and provided all requested documentation. Nationwide has paid some of the claims on the policy, but it has not paid all ofthem. The Yorks filed their complaint on May 14, 2019, alleging that Nationwide breached the insurance policy by failing to fully satisfy the Yorks' claims. Nationwide alleges in its motion that Dockets.Justia.com
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