New Jersey Superior Court Appellate Division Affirms Grant of Summary Judgment and Denial of Motion to Amend in Light of Insurance Policy’s One-Year Suit Limitation

In this Declaratory Judgment Action filed against the Insurer by the Plaintiffs/Insureds, the Superior Court Appellate Division affirmed the Trial Courts’ Orders granting Summary Judgment in favor of the Insurer as a result of the Plaintiffs’/Insureds’ failure to comply with their first-party property damage policy’s one-year suit limitation clause, and the subsequent related Denial of Plaintiffs’ Motion to Amend their Complaint. The Appellate Court, mirroring the rationale provided by the Trial Court, found no basis on which to relax the application of the suit limitation period included in the Policy, and further found the Motion to Amend was properly denied, as the amendments sought by Plaintiffs were futile, as the claims to be added were not sustainable as a matter of law consistent with the summary judgment rationale.