Having covered the Gulf Coast states in my series of posts on property insurance statutes of limitations, I thought I would give you a recap of the series so far. Next up will be the statutes of limitations for the East Coast states.
V.T.C.A., Insurance Code § 541.162. Limitations Period:
(a) A person must bring an action under this chapter before the second anniversary of the following:
(1) the date the unfair method of competition or unfair or deceptive act or practice occurred; or
(2) the date the person discovered or, by the exercise of reasonable diligence, should have discovered that the unfair method of competition or unfair or deceptive act or practice occurred.
(b) The limitations period provided by Subsection (a) may be extended for 180 days if the person bringing the action proves that the person's failure to bring the action within that period was caused by the defendant's engaging in conduct solely calculated to induce the person to refrain from or postpone bringing the action.
V.T.C.A., Bus. & C. § 17.565. Limitation:
All actions brought under this subchapter must be commenced within two years after the date on which the false, misleading, or deceptive act or practice occurred or within two years after the consumer discovered or in the exercise of reasonable diligence should have discovered the occurrence of the false, misleading, or deceptive act or practice. The period of limitation provided in this section may be extended for a period of 180 days if the plaintiff proves that failure timely to commence the action was caused by the defendant's knowingly engaging in conduct solely calculated to induce the plaintiff to refrain from or postpone the commencement of the action.
- Prescription [Limitation] begins to run from the date of the loss.1
- The Prescriptions period for bad faith claims is ten years.2
- Prescription can be extended by a contractual agreement between the parties; however prescriptions of less than one year are not allowed.3
Under Section 15–1–49(1) and (2) of the Mississippi Code:
(1) all actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) in actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.
1 La. C.C. art. 3454; Gremillion v. Travelers Indemnity Company, 256 La. 974, 984, 240 So.2d 727, 731 (La.1970).
2 La. Rev. Stat. Ann. § 3499.
3 La. Rev. Stat. Ann. § 22:629.