Petition to Appoint Umpire Barred as Untimely under Insurance Policy

June 3, 2019


The insured filed a Petition to Appoint an Umpire as a Miscellaneous Action in Superior Court and did not submit a Summons for service on the insurance company.  Petitioner asserted the filing was not a pleading or action against the insurance company.  The Court held the insurer was a necessary party, and service of summons was required to invoke the Court's jurisdiction.  Once service was established, the Court held the action was commenced more than two years from the date of loss.  The insured's Petition was barred by the contractual limitation period in the policy of insurance.    



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