Aetna Casualty & Surety Company v. Frank Fernandez

DUMBAULD, Senior District Judge.

The question for decision in this case is whether the District Court 1 was correct in holding that appellant’s claim was barred by the Missouri 2 statute of limitations and that this defense was so clearly meritorious that appellant is subject to sanctions under Rule 11 FRCP 3 for filing suit after being notified by defendant-appellee’s counsel of the existence of the defense. We affirm.

More specifically, the issue is whether the statutory five year period may be tolled by virtue of appellant’s contention that it did not discover defendant’s wrongdoing until a…