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DECISIONS CIVIL PRACTICE massachusetts’ Discovery Rule does not toll the statute of limitations where an insured should have been on inquiry notice of the type of policy she was sold, the 1st U.S. Circuit Court of Appeals held on July 14. Loguidice v. Metropolitan Life Ins. Co., No. 02-2538. The insured, a Pennsylvania nurse, sued the Metropolitan Life Insurance Co., alleging that she had been tricked into signing up for a whole-life insurance policy after receiving literature from the company extolling the virtues of retirement planning for nurses, and meeting with a MetLife sales representative. For 2 1/2 years, she paid monthly premiums of $100 until she learned of a class action settlement involving nurses who bought life insurance from MetLife when they thought they were investing in retirement plans. Opting out of the settlement, she sued MetLife, alleging that it had defrauded her and violated consumer protection laws. MetLife twice moved for summary judgment, arguing that the applicable statutes of limitations barred her claims. When those motions were granted, she appealed, citing Massachusetts’ discovery rule, which tolls a limitations period until a potential plaintiff learns or should have learned that he has been injured. But, upholding the lower court rulings, the 1st Circuit said that the plaintiff “concedes that she did not read through the folder [the account representative] left with her when he delivered her ‘plan’ until after instituting this litigation. Had she looked at the materials in the folder earlier, a reasonable fact finder would have to conclude, she would have learned that there was nothing in the folder that could have constituted part of the retirement plan she thought that she had purchased other than the life insurance policy, which was distinctively so labeled.” Under Massachusetts law, plaintiffs asserting the discovery rule in securities suits are held to a duty to read.

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