Court Finds No Prejudice in Allowing Insurers to Add Affirmative Defenses

RIVERHEAD, N.Y. - A New York trial court said July 19 it would allow insurers to add or amend affirmative defenses 14 months after they filed their answer to a breach-of-contract action. Weissberg v. Nationwide Mutual Fire Insurance Co., et al., No. 13484/2004 (N.Y. Sup., Suffolk Cty.).

Nationwide Mutual Fire Insurance Co. and Nationwide Insurance Co. are defending a lawsuit filed in Suffolk County (N.Y.) Supreme Court by Carmen and Aaron Weissberg, who are seeking payment for a claim for mold contamination in their home.

The Weissbergs opposed Nationwide's motion for leave to amend. They argued that allowing the motion …