Legal Opinion

Nicholson v. Nationwide Mut. Ins.

Frederick County Circuit Court

Decided August 18, 1999No. Case No. (Law) 97-297Published

1Opinion of the Court

By Judge John E. Wetsel, Jr.

Nationwide Mutual Insurance Comapny has filed a Motion for Summary Judgment based on the two year contractual statute of limitations in its homeowners insurance policy claiming that since more than two years has elapsed between the time of the fire and the time of the filing of the second action after an earlier action had been nonsuited, the plaintiff s claim is barred by the two year contractual statute of limitations contained in the policy. The Plaintiff argues that his action was filed within two years, because the nonsuited action tolled the statute of…

2Cases cited7 opinions

  1. Dairyland Insurance v. DouthatSupreme Court of Virginia · 1994
  2. Gilbreath v. BrewsterSupreme Court of Virginia · 1995
  3. Dairyland Insurance v. SylvaSupreme Court of Virginia · 1991
  4. Massie v. Blue Cross & Blue ShieldSupreme Court of Virginia · 1998
  5. Allstate Insurance v. EatonSupreme Court of Virginia · 1994

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