RODRIGUEZ v. NATIONWIDE INS. CO.


97 A.D.2d 817 (1983)

Carlos Rodriguez, Respondent, v. Nationwide Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 21, 1983


Order reversed, on the law, with costs, motion denied, insofar as it is to dismiss defendant's second affirmative defense asserting the Statute of Limitations, and thereupon plaintiff's complaint is dismissed as barred by the Statute of Limitations; in all other respects motion denied as academic.

Defendant issued an accident and sickness disability income insurance policy to plaintiff which included the following two provisions: "LEGAL ACTIONS: No action at law or...

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