Evanston Insurance Co. v. William Kramer & Associates, LLC, 061119 FED2, 16-2082

Docket Nº:16-2082
Opinion Judge:PER CURIAM:
Party Name:Evanston Insurance Company, Plaintiff-Appellant, v. William Kramer & Associates, LLC, Defendant-Appellee.
Attorney:MARY MASSARON, Plunkett Cooney, Bloomfield Hills, MI, for Plaintiff- Appellant. RICHARD A. SIMPSON (Kimberly A. Ashmore, on the brief), Wiley Rein LLP, Washington, DC, for Defendant-Appellee.
Judge Panel:Before: PIERRE N. LEVAL, REENA RAGGI, and RAYMOND J. LOHIER, JR., Circuit Judges.
Case Date:June 11, 2019
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Evanston Insurance Company, Plaintiff-Appellant,

v.

William Kramer & Associates, LLC, Defendant-Appellee.

No. 16-2082

United States Court of Appeals, Second Circuit

June 11, 2019

Argued: August 18, 2017

Plaintiff appeals from the judgment of the United States District Court for the District of Connecticut (Michael P. Shea, J.) granting judgment as a matter of law in favor of Defendant. Plaintiff, successor-in-interest to an insurer of property damaged by a hurricane, brought this negligence action against Defendant, the Plaintiff's loss adjustment agent, for failure to inform it of a mortgage on the property. The suit was filed after the three-year limitations period imposed by § 52-577 of the Connecticut General Statutes. At trial, a jury found that the limitation period was tolled by reason of the Defendant's continuing course of conduct. The district court set aside the jury's verdict, concluding that there was insufficient evidence to support tolling. We certified to the Connecticut Supreme Court the question whether the "trial evidence [was] legally sufficient to support the jury's finding" of tolling. The Connecticut Supreme Court held, Essex Ins. Co. v. William Kramer & Assocs., LLC, 331 Conn. 493 (2019), that the evidence was not legally sufficient to support tolling. We now affirm the district court's judgment.

MARY MASSARON, Plunkett Cooney, Bloomfield Hills, MI, for Plaintiff- Appellant.

RICHARD A. SIMPSON (Kimberly A. Ashmore, on the brief), Wiley Rein LLP, Washington, DC, for Defendant-Appellee.

Before: PIERRE N. LEVAL, REENA RAGGI, and RAYMOND J. LOHIER, JR., Circuit Judges.

PER CURIAM:

Plaintiff Evanston Insurance Company (hereinafter the "Plaintiff" or the "Insurer") appeals from the entry of judgment by the United States District Court for the District of Connecticut (Michael P. Shea, J.) in favor of defendant William Kramer & Associates, LLC (hereinafter the "Defendant" or the "Adjuster"), which served as the Insurer's adjuster on a claim for hurricane damage. The sole issue on appeal is whether the district court erred in overturning the jury verdict and granting judgment as a matter of law in...

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