C. Nicolis

The defendants brought a motion for summary judgment to dismiss the plaintiff's personal injury claim arising from a motor vehicle accident.

The plaintiff alleged she was waved into traffic by a cement truck driver, causing her to collide with the defendant Dalessandro's vehicle.

The court granted summary judgment dismissing the claim against Dalessandro, finding no evidence he breached the standard of care.

However, the court dismissed the summary judgment motion regarding the cement truck driver and owner, finding that conflicting evidence regarding the driver's identity created a genuine issue requiring a trial by jury.

The insurer moved for summary judgment dismissing the plaintiff's claim under unidentified or uninsured motorist coverage as statute-barred.

The court applied the Court of Appeal's discoverability analysis for contractual indemnity claims against insurers, holding that the limitation period does not begin merely when the claimant learns an unidentified vehicle may have been involved.

Rather, the loss arises when the insurer fails to satisfy a valid indemnity claim after demand, provided there is no other third-party liability coverage available.

The June 2009 correspondence was found to be only notice of a potential claim, not a demand for indemnification, and the motion was dismissed.