Pasmear Inn, Inc. v. General Accident Fire & Life Assurance Corp.

Order affirmed, with costs. Memorandum: There is a sufficient factual basis upon which a jury may determine that the conduct of the defendants’ adjuster lulled plaintiff into believing that his claim would ultimately be processed and that reliance on this sense of security caused a forebearance to sue. Plaintiff’s admitted lack of ■ knowledge as to the existence of the 12-month limitation period is not inconsistent with this conclusion. A finding of estoppel rests upon proof of reliance and forebearance to sue, which factors may be present even absent knowledge that a deadline is superimposed…