Legend’s Creek Homeowners Association, Inc. v. Traveler’s Indemnity Co. of America

Dist. Ct. did not err in granting defendant-insurance company’s motion for summary judgment, where Dist. Ct. dismissed instant lawsuit, which was filed beyond applicable two-year period set forth in defendant’s policy. While parties negotiated costs of repair throughout relevant two-year period and defendant issued several checks to pay for costs to replace damaged siding on plaintiff’s condominium buildings, record further showed that defendant denied plaintiff’s final request to replace even undamaged sides of condominium buildings after expiration of applicable two-year period for bringing any legal action. Fact that defendant gave last denial outside applicable two-year period did not require different result, since defendant had fully-complied with terms of policy prior to said denial. Ct. rejected plaintiff’s contention that defendant was required to warn that it might rely on policy’s lawsuit limitation, and that failure to do so constituted waiver of said limitation.