On December 3, 2025, Judge Mae A. D’Agostino of the Northern District of New York granted a carrier’s motion to dismiss pursuant to FRCP 12(b)(6). In Looby v. Safeco National Insurance Company, Looby alleged claims of breach of contract and fraud. Looby’s claims arose from a burglary at her Saugerties property in September 2022, during which she alleged numerous items were stolen. She filed a claim under her homeowner’s insurance policy but failed to provide a list of what was stolen. She finally submitted a list of the stolen property after the policy’s two-year suit limitation provision had expired, and Safeco issued payment on her claim.

She disputed the amount of the payment and sued Safeco in March 2025, more than two years after the burglary. Defended by Goldberg Segalla partner Ashlyn M. Capote, Safeco immediately made a motion to dismiss the entirety of the complaint because the action was barred by the policy’s two-year suit limitation clause.

The court determined that because Looby filed her complaint more than two-and-a-half years after the burglary, the action was untimely as a matter of law. Looby attempted to assert that “delay” and “misrepresentations” estopped Safeco from enforcing the suit limitation provision, but the court agreed with Safeco that her allegations were conclusory and lacked specific facts showing intentional misconduct within the limitations period. The court emphasized that vague claims of delay or misrepresentation are insufficient to invoke equitable estoppel under New York law.

As a result, the court held that the entire complaint was time-barred. It declined to reach the merits of the fraud claim but noted that the pleading was deficient under the heightened standard of Rule 9(b) as it failed to specify the fraudulent statements, identify the speakers, or provide details of when and where the alleged misrepresentations occurred.

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The case: Looby v. Safeco Nat. Ins. Co., No. 1:25-cv-00533 (MAD/PJE) (N.D.N.Y. Dec. 3, 2025). To discuss the impact of this matter on first-party insurance coverage lawsuits, contact Ashlyn Capote at acapote@goldbergsegalla.com.