Zaeno International, Inc. v. State Farm Fire & Casualty

MEMORANDUM OPINION

ELLIS, District Judge.

At issue on summary judgment in this diversity action on an insurance policy is whether the nonsuit tolling provision in Virginia Code § 8.01 — 229(E)(3) operates to toll the running of the two-year limitations period included in the policy by statutory command.

I

This action arises out of an insurance contract between plaintiff, Zaeno International, Inc. (“Zaeno”) and defendant, State Farm Fire and Casualty Co. (“State Farm”). The policy, which issued on December 2,1997, insures plaintiff, inter alia, against loss of property by fire and theft. On…