VINCENT LAROSA VS. ALLSTATE NEW JERSEY INSURANCE COMPANY (L-1201-18, OCEAN COUNTY AND STATEWIDE), A-1192-18

On September 5, 2015 LaRosa suffered a motorboat loss and filed a claim on September 8, 2015.
Allstate denied coverage on October 30, 2015 and explained an internal appeals process that would yield a panel decision within 10 business days.
LaRosa says he submitted an internal appeal by letter dated November 18, 2015; Allstate has no record of receiving any appeal.
LaRosa filed suit on May 15, 2018 (983 days after the loss), well beyond the policy's one‑year suit‑limitation clause.
Allstate moved to dismiss based on the policy's one‑year limitation; the trial court dismissed with prejudice and denied reconsideration; the Appellate Division affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Enforceability of one‑year suit limitation (contract of adhesion)	LaRosa: policy is a contract of adhesion; one‑year cutdown from six years is unconscionable and unenforceable	Allstate: suit‑limitation clauses are common, reasonable, and enforceable	Court: clause is reasonable and enforceable; not an unconscionable adhesion contract
Reasonable expectations / notice	LaRosa: ordinary insured would expect six‑year statute; he was not aware the policy shortened it	Allstate: insured is bound by clear, unambiguous policy language; failure to read it is not excusable	Court: policy unambiguously required suit within one year; reasonable‑expectations doctrine does not override clear terms
Tolling by internal appeal	LaRosa: internal appeal (filed Nov. 18, 2015) tolled the one‑year filing period because Allstate never issued a decision	Allstate: has no record of receipt; even if appeal was filed, internal appeal does not toll the policy period	Court: pendency of internal appeal does not toll the policy's suit‑limitation period; claim time still expired

Peloso v. Hartford Fire Ins. Co., 56 N.J. 514 (1970) (upheld enforcement of insurance policy suit‑limitation clause)
Kievit v. Loyal Protective Life Ins. Co., 34 N.J. 475 (1961) (articulated reasonable‑expectations doctrine for insurance policy interpretation)
Matos v. Farmers Mut. Fire Ins. Co., 399 N.J. Super. 219 (App. Div. 2008) (internal appeal does not toll policy suit‑limitation period)
Stelluti v. Casapenn Enters., LLC, 203 N.J. 286 (2010) (signed written contracts presumed understood and binding)
Wear v. Selective Ins. Co., 455 N.J. Super. 440 (App. Div. 2018) (insurance‑policy interpretation reviewed de novo; plain meaning controls)
Nav‑Its, Inc. v. Selective Ins. Co., 183 N.J. 110 (2005) (courts construe policy language according to ordinary meaning)