Fox-Knapp, Inc., and Cable Industries, Inc. v. Employers Mutual Casualty Company

This appeal raises the question whether, under New York law, certain actions taken by an insurance company requiring the insured claimants to produce documents and submit to an examination under oath after the expiration of the period provided in the policy for the filing of lawsuits constitute a waiver of the company’s limitations defense. Plaintiffs appeal from a judgment entered in the United States District Court for the Southern District of New York, Haight, J., granting defendant’s motion for summary judgment based on plaintiffs’ late filing of the lawsuit and dismissing plaintiffs’…