Pacek

Pacek v. Travelers Commercial Ins. Co.

Good Law
United States District Court, Eastern District of CaliforniaFebruary 1, 20232:22-cv-00714California1,270 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAROSLAW PACEK, No. 2:22-cv-00714-MCE-DB Plaintiff, v. ORDER TRAVELERS COMMERCIAL INSURANCE COMPANY, et al., 15 Defendants. 16 17 Presently before the Court is Defendant Travelers Commercial Insurance Company’s (“Travelers”) Motion for Leave to File Amended Answer, which Plaintiff Jaroslaw Pacek (“Plaintiff”) opposes. ECF Nos. 13, 17. Travelers seeks leave to amend its Answer “to add language to its affirmative defense regarding certain policy terms and conditions,” specifically “a citation to the policy’s suit limitation condition, which bars Plaintiff from filing suit more than one year after his loss.” ECF No. 13, at 2; see also Ex. A, id. at 20 (“No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started

26 1 Plaintiff initially failed to file an opposition to Travelers’ Motion because of counsel’s “calendaring error,” ECF No. 17, at 2, but this…

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