Day v. Burnett

1 Citing case

  1. Impac Funding Corp. v. Amica Mut. Ins. Co.

    CIVIL ACTION NO. 1:12-CV-873-RWS (N.D. Ga. Mar. 18, 2013)   Cited 5 times
    Finding that, at the motion to dismiss stage, the Court could not rule as a matter of law that the claims were barred by the suit-limitation provision because factual questions remained and more discovery was necessary on the issue of waiver

    In light of the foregoing account of events preceding denial of GMAC's claim, the Court cannot rule as a matter of law that the contractual limitations period is an absolute bar to the claims raised in the Complaint. See Day v. Burnett, 377 S.E.2d 734, 734 (Ga. Ct. App. 1989) ("Ordinarily, whether a cause of action should be barred by the statute of limitations is a mixed question of law and fact to be decided by a jury."). On the contrary, the Court finds that issues of fact exist as to whether Amica waived the limitations period.