Property Damage was claimed as a result of damages inflicted by Hurricane Wilma in Florida. However, the insurance contract under which the Property Damage claim was made, was itself made in New Jersey. The claimant is a Condominium Association in Florida who filed suit against its Insurance Company for alleged breach of contract, Declaratory Judgment, and "to compel an appraisal on damages". Club Caribe Condominium Ass'n v. Travelers Excess & Surplus Lines Co., 2012 WL 529972 *1 (S.D. Fla. February 17, 2012), Download Club Caribe Condo. Assn v. Travelers Excess and Surplus Lines Co. (S.D. Fla. Case No. 11.62673.CV, Order Filed Feb. 17, 2012) PUBLIC ACCESS.
New Jersey provides for a two-year Statute of Limitation for alleged breach of contract; Florida provides a four-year Statute and applies the law of the place where the contract was made to determine which State's law to apply. Here, the Court ruled that the State where the insurance contract was made, is New Jersey. Accordingly, the Court granted the Motion to Dismiss based on the applicable -- New Jersey -- Statute of Limitation. Id. at *4 - *5.
However, in this case, the Court did more than that.
The Court granted leave to file a Second Amended Complaint and after it is filed, also granted leave to the parties to "conduct limited discovery up until April 17, 2012 on the issues related to lex loci contractus and equitable estoppel related to the statute of limitations." Id. at *5.
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