Kansas Gooden and Josh Hartley recently obtained summary judgment.  The plaintiff filed the UM action more than 5 years after the date of loss, but avoided an early motion to dismiss due to the insurance policy language.  The plaintiff argued that the policy language required the statute of limitations to be tolled.

On summary judgment, Kansas and Josh focused on the policy language not prohibiting the plaintiff from timely filing suit and distinguished Woodall v. Travelers, 699 So. 2d 1361 (Fla. 1997), which allowed such tolling.  The trial court agreed and ultimately reversed course on its early ruling on the issue.