N.Y. Court Says Homeowners Waited Too Long To Sue Insurer

ROCHESTER, N.Y. - A federal magistrate judge has upheld a two-year filing deadline in a homeowner's policy, rejecting the insureds' contention that the carrier, by its actions in continuing to investigate the claim, should be barred from relying on the deadline to avoid coverage for mold and water damage. Penna v. Peerless Insurance Co., No. 06-CCV-6201P (W.D. N.Y.).

U.S. Magistrate Judge Marian W. Payson of the Western District of New York also ruled in her Sept. 24 order granting Peerless Insurance Co.'s motion for summary judgment that the policy's deadline for filing suit was unambiguous.

Kara and Ronald Penna …