Berkshire Mutual Insurance v. Burbank

At issue is the time the statute of limitations begins to run on an action for underinsured motorist benefits. The plaintiff, Berkshire Mutual Insurance Co. (Berkshire), argues that the statute begins to run on the date of the accident or, in the alternative, on the date when the insured discovers that the tortfeasor is underinsured. The defendant, Bouldin G. Burbank, argues that the statute begins to run on the date the insurer violates the insurance contract. Berkshire commenced this action for declaratory judgment, and a Superior Court judge allowed Berkshire’s motion for sum*660mary…