Additional living expense calculations are often overlooked when adjusting property insurance claims. A California class action complaint shows how Nationwide Insurance tries to save millions on that calculation:
Continue Reading Nationwide Escapes ALE Class Action Based on California Statute of Limitations
If an insurance company is unfairly or unreasonably handling your claim, be aware that there are strict deadlines, known as statutes of limitations, by which you must take legal action. In my previous post, Why Time Matters Differently in Colorado for Homeowners, Business Owners, and HOAs, I discussed deadlines for filing a contractual breach of insurance policy lawsuit. In this post, I review the statutory framework establishing the Colorado statute of limitations related to filing a legal action for common law bad faith and unreasonable delay/denial of insurance benefits.
Continue Reading Statute of Limitations in Colorado Insurance Bad Faith and Delay/Denial Cases
In Colorado, a homeowner’s time limit for filing a breach of contract lawsuit against an insurance company for an unpaid or underpaid claim can differ from the time limits imposed on business owners and homeowners associations.
Continue Reading Why Time Matters Differently in Colorado for Homeowners, Business Owners, and HOAs
A California appellate court recently held that a homeowner’s policy’s 1-year “Suit Against Us” provision applied to a Plaintiff’s Unfair Competition Claim (UCL) suit instead of the UCL’s statutory four-year limitation period.1 This opinion is an important reminder to always review the policy and be mindful of the One-Year Limitation Provision found in California policies, even if the cause of action does not seek monetary damages.
The deadline to file a lawsuit and preserve legal rights from Hurricane Ida is August 29. Legal rights will be lost if a claim is not in a lawsuit by that date.
Continue Reading Hurricane Ida Deadline is August 29—The End Is Now!
A headline in Law360 caught my attention: $13.8M Irma Coverage Suit Shot Down Again By Fla. Court.1 The case involved a law firm that was responding to those incessant and never-ending requests by insurance company counsel regarding a hurricane condominium loss. These insurance company counsel-led investigations can linger longer than it takes to file and complete the entire ensuing lawsuit. So, the factual scenario leading up to a policyholder’s law firm not filing a lawsuit before the five-year anniversary of a hurricane is not as uncommon as many would think.
The whopping bad faith verdict I wrote about in Whopping Bad Faith Verdict Caused By Insurers Hiring the Policyholder’s Expert, almost never happened. The insurance policy required a lawsuit to be filed within a year of the loss. The lawsuit was not filed within that time frame.
Continue Reading How Does Indiana Treat the Twelve-Month Limitation Period to File Suit?
The deadline to file a lawsuit for Hurricane Ida damage is quickly approaching in Louisiana. The deadline is August 29, 2023—two months from now.
Continue Reading The End Is Near For Louisiana Hurricane Ida Victims
An Oklahoma hail damage loss was needlessly lost because a lawsuit for breach of contract was not filed on time. It serves as an example that policyholders and public adjusters should immediately send cases to competent legal counsel as soon as a denial letter is issued by the insurance company.
Continue Reading Warning—Do Not Lose Rights By Filing A Lawsuit Too Late
In a decision made last week, a New York federal judge applied New York suit limitations law allowing a policyholder to file a lawsuit more than seven years after her apartment suffered water damage.1 Here are the relevant facts recited by the court:
Continue Reading New York Property Insurance Claim—When Is the Deadline for Filing Suit?