The respondent was involved in a motor vehicle accident and sued the uninsured at-fault driver within the two-year limitation period.
One year later, she sued her own insurer for uninsured automobile coverage.
The insurer moved for summary judgment, arguing the claim was statute-barred.
The motion judge dismissed the motion, finding a trial was required to determine when the respondent discovered her non-pecuniary damages met the threshold, and alternatively, that special circumstances justified extending the limitation period.
The Court of Appeal upheld the decision, confirming that the limitation period for non-pecuniary damages does not toll until the threshold is discovered, and agreeing that special circumstances existed without prejudice to the insurer.
