Luddeke v. USAA

By Judge Alfred D. Swersky

This matter is before the Court on Defendants’ plea in bar based upon the statute of limitations contained in Code of Virginia, § 38.2-2105, requiring the filing of any suit or action within two years of the inception of the loss. The material facts are not in dispute, and Defendants’ plea must be denied.

The loss was sustained on January 22, 1994, and this suit was not filed until January 31, 1996. On January 19, 1996, Plaintiffs filed suit against these Defendants in the United States District Court; that is, prior to the expiration of the statute of limitations.…