Tag Archives: Statute of Limitations

Claim for Statutory Penalty Interest Not Subject to Policy’s Limitation Period

On a matter of first impression, the Sixth Circuit Court of Appeals recently concluded that an insured’s claim for statutory penalty interest due on an untimely payment was not subject to the policy’s two-year limitation period. In Palmer Park Square, LLC v. Scottsdale Insurance Company,1 the Sixth Circuit reversed the district court’s conclusion and found … Continue Reading

The Importance of Identifying Time Limitations Within Colorado Insurance Policies for Filing Suit

While Colorado Revised Statute § 13-80-101(1) provides that a lawsuit based on a breach of contract must be brought within three years after the cause of action accrues, Colorado allows insurance companies to shorten this period within the insurance contract to as little as six months from the date on which the damage occurred.1 Most … Continue Reading

Court Upholds Policy Suit Limitations Provision and Holds Appraisal Award Unenforceable for Failure to File a Timely Lawsuit

This blog has often discussed the importance of carefully reading your insurance policy. It is imperative to know of your rights should your insurance claim become problematic. It is crucial to know the policy’s suit limitation clause as well as your state’s statute of limitations, so you don’t miss the filing deadline. Once this period … Continue Reading

When Must a Negligence Claim Be Brought Against an Illinois Insurance Producer?

Section 13-214.4 of the Illinois Code of Civil Procedure provides that “[a]ll causes of action brought by any person or entity under any statute or any legal or equitable theory against an insurance producer1 . . . concerning the sale, placement, procurement, renewal, cancellation of, or failure to procure any policy of insurance shall be … Continue Reading

When Are Older Claims Dead? A Recap of Texas Limitations Law in First-Party Claims

There are times when public insurance adjusters or lawyers representing policyholders get claims where the policyholder did not discover damage until some time after the actual date of loss. For example, property owners sometimes don’t discover their hail damage until they experience leaks and ask a public insurance adjuster or roofing contractor to inspect their … Continue Reading

Alabama Statute of Limitations

Last April I became licensed as an attorney in the State of Alabama. When discussing claims with insureds, one of the first questions asked is, “what is the statute of limitations in xxxxx state?” Our blog has not addressed the statute of limitations in Alabama, and below is a quick cheat sheet for Alabama insureds.… Continue Reading

The First Thing You Do Is Read the Policy, Part I: Limitations Clauses in Texas and the Spicewood Case

One of the first things lawyers look at when presented with a potential new case is the statute of limitations (deadline to file suit) and whether the deadline has passed. That issue is trickier in first-party property cases because carriers usually insert a limitations clause into the policy, saying suit must be brought within a … Continue Reading

Arizona Statute of Limitations for Bad Faith

In Arizona, there is a six year statute of limitations for a breach of contract claim. However, Arizona law permits an insurance company to contractually shorten the statute of limitations period by which the policyholder must file suit, so it is likely that the limitations period could be as short as one or two years … Continue Reading

Florida Appellate Court Notes Time Period to File Lawsuit Against FIGA is Short and it “May Be Sensible” for Legislature to Extend

Recently, the Florida Second District Court of Appeal (“Second DCA”) considered whether a claim was time-barred by the statute of limitations as it relates to the Florida Insurance Guaranty Association (“FIGA”).1 The policyholders appealed the trial court ruling that the applicable statute of limitation (F.S.A. 95.11(5)(d) and 631.68) barred their claim for sinkhole damage. It … Continue Reading

Another Case on Florida’s Statute of Limitations for Property Insurance Claims

Recently, Florida’s Fourth District Court of Appeal issued an opinion in a case involving Florida’s Statute of Limitations for property insurance claims.1 The question in this case, as well as many others recently, involves a 2011 amendment to §95.11(2)(e), which states that the limitations period in an action for breach of a property insurance contract begins … Continue Reading