The plaintiff initiated an action against "Can-Sure Underwriting," a managing general agent, for an insurance coverage dispute, mistakenly believing it to be the insurer.
The plaintiff brought a motion to correct this misnomer by adding the actual subscribing insurers as defendants.
Concurrently, the defendant moved for summary judgment, arguing the claim was time-barred by a one-year contractual limitation period and that it was not the proper defendant.
The court dismissed the defendant's summary judgment motion, finding a genuine issue for trial regarding promissory estoppel, as the defendant's agent had previously advised the plaintiff of a two-year limitation period, leading to reliance.
The court granted the plaintiff's misnomer motion, concluding that the intended defendants (subscribing insurers) had actual knowledge of the claim from its inception and suffered no prejudice from the delay in formal naming, especially given the contradictory information provided by the defendant.
