Mohammad O. Sabri and Mona Sabri v. Chubb Indemnity Ins. Co.

Summary

The court grants in part and denies in part Plaintiffs’ motion for equitable tolling and leave to supplement damages in their insurance-coverage action arising from a house fire. Plaintiffs may amend their Complaint as a matter of course under Federal Rule of Civil Procedure 15(a)(1)(A), but the court declines to address equitable tolling before Defendant has appeared and directs Plaintiffs to effect service.

Holdings

1. Plaintiffs may amend their Complaint once as a matter of course under Federal Rule of Civil Procedure 15(a)(1)(A), because no proof of service or responsive pleading had been filed and the applicable 21-day period had not begun to run.
2. The request for equitable tolling was denied at that stage because Defendant had not responded and the issues were better reserved until all parties had appeared and had an opportunity to address them.
3. Plaintiffs must comply with the Federal Rules of Civil Procedure, including the requirement to serve the Complaint within 90 days after filing; failure to do so could result in dismissal for failure to prosecute.

Questions Presented

1. Whether Plaintiffs required advance court permission to amend their Complaint to add supplemental damages.
2. Whether the court should equitably toll any contractual or policy limitations periods before Defendant had been served or appeared.
3. Whether the apparent failure to serve Defendant required immediate action or warranted a warning concerning the 90-day service period.

Disposition

other