The NCCA Applied A Year Limitation Period In Insurance Class Action Filed By A Consumers Association

For the first time in an insurance class action brought by a consumers' association, the National Commercial Court of Appeals applied the one-year limitation period set out in the Insurance Law instead of the three-year limitation period set forth in the Consumer Protection Law.

The judgement was issued in re "Consumidores Financieros Asociación Civil p/ su defensa c/ La Meridional Compañía Argentina de Seguros s/ ordinario", where the plaintiff consumers' association sought: (i) the nullity of a clause regarding total destruction of the vehicle based on the percentage of the sale value of the wreckage; and (ii) an indemnification for the clients of the defendant that were not indemnified for the complete value of the vehicle due to said clause.

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