Certain Underwriter's at Lloyd's of London v. Transcarriers Inc.

OPINION

This is an interlocutory appeal to determine when a cause of action accrued so as to trigger a contractual limitations period contained in a legal liability insurance policy issued to a motor carrier, where the contract contained a settlement of loss provision and the insurer never denied liability. We hold the contractual statute of limitations began to run upon the expiration of the settlement of loss provision, when the insurer was no longer immune from suit.

Certain Underwriters at Lloyd’s of London (“Certain Underwriters”) issued a policy of insurance to Transcarriers, Inc.,…