Cooper v. Commercial Union Insurance Company

McMurray, Presiding Judge.

James Cooper (plaintiff) filed an action for breach of contract against Commercial Union Insurance Company (“Commercial Union”) one day prior to the expiration of the six-year statute of limitation. Commercial Union was served and notified of the action eight months after the filing of the complaint. Commercial Union answered and simultaneously filed a motion to dismiss based on the expiration of the statute of limitation. Plaintiff filed responses, unsupported by affidavit or other evidentiary material, and argued that Commercial Union “is estopped from complaining…