On March 30, 2023, the First Department issued a decision in Great Lakes Ins. SE v. American S.S. Owners Mut. Protection & Indem. Assn. Inc., 2023 NY Slip Op. 01742, holding that a plaintiff was entitled to equitable tolling based on a defendant’s failure to make disclosures required by an insurance contract, explaining:
As to the merits, plaintiff stated a cause of action for negligence as against the Gourdomichalis defendants by alleging that they had a duty to ensure that the vessel was seaworthy and breached that duty. Further, plaintiff sufficiently alleged that the negligence claim was timely because the three-year statute of limitations was equitably tolled. Plaintiff alleges that defendants concealed their scheme and failed to notify plaintiff of the incident; as a result, plaintiff asserts, it did not learn of the incident until it was discovered in January 2019 during the course of other litigation.
(Internal citations omitted).