Case Caption: Clark et al v. Fidelity And Guaranty Insurance Underwriters d/b/a Travelers et al Opinion Case Number: SCT-CIV-2023-0107Date: 08/20/2025Author: Hodge, Rhys S. Citation: 2025 VI 15Summary: In a civil suit arising out of a motor vehicle collision in which one of the vehicles was rented by one individual but driven by another person who was not listed as an authorized driver in the rental agreement, and asserting claims against the defendant insurer for, inter alia, breach of contract (count I), bad faith (count II), breach of the duty of good faith and fair dealing (count III), and breach of fiduciary duty (count IV), the Superior Court erred in considering extrinsic documents outside the scope of the pleadings when ruling to grant the defendant insurer’s motion to dismiss counts I and III brought pursuant to Rule 12(b)(6) of the Virgin Islands Rules of Civil Procedure, without converting that motion to one for summary judgment and providing the litigants notice thereof or a fair opportunity to present additional evidence as required by Rule 12(d). This failure deprived the plaintiffs of the protections built into the summary judgment process. Regarding counts II and IV, the two-year statute of limitations prescribed in 5 V.I.C. § 31(a)(5)(A) applies, as the duties underlying these counts are imposed by law rather than derived from the insurance contract. Because the limitations period began to run on these counts from the time of the defendant insurer’s initial denial of coverage, although it is disputed as to whether the initial denial occurred on March 10, 2014 or on November 3, 2015, and plaintiffs did not receive their assignment of rights until February of 2018, since plaintiffs did not file suit until July 17, 2020, the Superior Court correctly concluded that counts II and IV are time barred because irrespective of which of these dates is considered, the two-year limitations period had run by the time that their suit was filed. The Superior Court’s dismissal of counts I and III is reversed and remanded for further proceedings, and on remand, the Superior Court is instructed to address the defendant insurer’s statute of limitations claim as to these counts. The Superior Court’s dismissal of counts II and IV is affirmed.Attachment: Open Document or Opinion