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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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My wife and I were separated on 4/2009. During the

Customer Question

My wife and I were separated on 4/2009. During the separation period our condo in Ocean City NJ had extensive water damage from the unit above. Without my knowledge she submitted an insurance claim. Our insurance company sent a check made out to both our names Rick and Lori. Lori took the check, (again, I had no knowledge of our condo being damaged) and deposited it into her personal bank account without any endorsements. When I learned of the situation I questioned the bank (Citizens), they told me that an oversight was made and that their cashier were updated. As far as my half of the check, I was told to go after the money from my ex-wife. I have two questions, 1. is the statute of limitations expired and two isn't the bank responsible for their error?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Morning:

I will answer your question(s). The relationship between you and your bank is contractual. The error they acknowledge would be your basis for a breach of that contract. There is a 4 year statute of limitations(SOL) on contract actions in PA. There is also the possibility the statute could be tolled under the discovery rule. This means that the SOL would begin to run from the date of discovery of the deposit of the check. I am unsure when this was discovered but if it is within last 4 years you could bring an action. Secondly, I am unsure whether you are in divorce proceedings with your Wife. You could, and should, raise a claim for the insurance proceeds as part of our equitable distribution proceedings if this part of the divorce has not been already settled or litigated. You can force Wife to provide a complete accounting of how the funds were utilized and what was paid to who.

I hope this was helpful and I wish you the best of luck.

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