The Second Circuit affirmed the district court’s judgment denying the insured’s claim because it was untimely under the policy’s suit limitation provision. Amaro Food Enterprises Inc. v. Liberty Mut. Ins., 2026 U.S. App. LEXIS 14035 (2nd Cir. May 15, 2026).

Amaro submitted a claim to Liberty Mutual for loss of spoiled food in it warehouse. The claim was denied. Amaro sued and the district court granted Liberty Mutual’s motion for judgment on the pleadings because suit was not filed within one year of the loss as required by the policy.

Amaro appealed, arguing that under the doctrine of substantial performance, it satisfied the one-year contractual limitation period by timely filing suit in New Jersey State court, even if that suit was later dismissed on the basis of a forum selection clause in the policy. Amaro, however, did not cite any decision from New York courts that applied the doctrine of substantial performance to a contractual time bar to suit or concluding that timely filing a prior suit that is dismissed constitutes substantial performance. Instead, New York courts generally enforced one-year contractual limitations periods as written.

Therefore, the judgment of the district court was affirmed.