The recent decision in Legend’s Creek Homeowners Association, Inc. v. The Travelers Indemnity Co. of America, 2021 WL 308180 (S.D. Ind. Jan. 29, 2021), is a reminder to all that there is nothing more important when it comes to an insurance claim than the suit limitation provision.
Continue Reading Suit Limitations….Timeliness is Everything
Seven years ago, Merlin Law group attorney Shane Smith wrote a blog post on how insurance policies often shorten Tennessee’s statutory limitations.1 The statute of limitations as applied to contracts is stated in Tenn. Code Ann. § 28-3-109(a)(3) and limits the time in which an insured may bring suit against their insurance company to six years. Shane noted that Tennessee courts have held that shortening how soon a case must be brought before a court from six years to one year remains valid Tennessee law and enforceable under any Tennessee insurance policy. But what if this one-year limitation has expired? Is there anything an insured can do? Fortunately, there is!
Continue Reading Contractual Limitation Defense: Using Equitable Estoppel against Tennessee Insurance Policies
It is important that a policyholder review and understand the various conditions and duties required of them in the event of a loss. One of the most important conditions contained in many insurance policies is the limitation placed on a policyholder’s right to sue an insurance carrier when there is a disagreement on the amount of damage or loss caused by the event.
Continue Reading Understanding Your Colorado Insurance Policy – Legal Action Against Us Clause
Southwestern South Dakota has experienced a series of severe hail storms over the past several months with multiple reports of hail well in excess of 2-inches in diameter. These storms have prompted various questions concerning South Dakota, including time limit considerations that should be considered by policyholders that have been impacted by these hail storms.
Continue Reading South Dakota Hail Claims and Insurance Disputes—Do Not Let Hail Damage Dollars Go Unpaid, and the South Dakota Statute of Limitations
Nearly two years ago, Albuquerque was struck by one of the largest hailstorms in its recent history. With the two-year anniversary of the July 2018 hailstorm quickly approaching, policyholders in New Mexico should be mindful to review their insurance policies for time limit considerations that could prevent them from pursuing delayed or denied insurance benefits for damages from the hailstorm.
Continue Reading New Mexico Allows an Insurance Policy to Reduce the Statutory Period to File a Lawsuit
With all that is going on in the world, it is a logical extension to think that insurance companies or states might extend the period for filing suit. For example, most recently, Gov. Andrew Cuomo signed an Executive Order suspending “any specific time limit” on the start or filing of any legal action, notice, motion or “other process or proceeding.” The wide-ranging executive order suspending the statute of limitations applies but is not limited to, criminal procedure law, civil practice law and the courts of claims act. The order pausing those rules goes through April 19, 2020. Likewise, the Supreme Court of Georgia has tolled the statute of limitations in civil cases through April 13, 2020. However, for most states right now, it appears as though it is business as usual when it comes to complying with the statute of limitations. Therefore, it is important that insureds, public adjusters, and attorneys all be aware of any impending suit limitations periods.
Continue Reading Limitations Period Requiring Suit within One Year of “Date of Loss” Does Not Mean the Date of Breach
Many insurance policies have a one-year suit limitation clause, which precludes the policyholder from suing for breach of contract after the one-year period has passed.1 In West Beach Condominium v. Commonwealth Insurance Company (“West Beach”),2 the Court of Appeals of Washington was asked whether under Washington Law an insurance policy one-year suit limitation clause barred extra-contractual claims under the Insurance Fair Conduct Act (“IFCA”)3 or Consumer Protection Act (“CPA”).4 The appellate court concluded the one-year suit applicable to breach of contract claims did not bar extra-contractual claims under IFCA or CPA.
Continue Reading Under Washington Law Does A Policy One Year Suit Limitation Clause for Breach of Contract Claims Prevent Extracontractual Claims Under the CPA or IFCA?
The “Suit Against Us” provision is typically found in the “Conditions” section of a homeowners insurance policy. This provision explains to an insured when he or she can initiate a lawsuit against the insurance carrier. However, the timeline reflected in the provision may not be enforceable as certain states do not allow the insurance policy to conflict with the state’s Statute of Limitations for Breach of Contract Actions.
Continue Reading Property and Casualty “Suit Against Us” Provisions: Maryland and Delaware
Representing governmental entities regarding their insurance claims is very different than representing private individuals. At least this has been my experience after representing numerous governmental school districts, municipalities, ports, power authorities, and even judicial entities. The photo above is of me and Merlin Law Group attorney Javier Delgado. Javier and I have jointly been involved in governmental claims in Texas, Florida, New Jersey, New York, Oklahoma, Puerto Rico, and the U.S. Virgin Islands. Experience means a lot in our business and Javier, who worked his way through law school as an insurance claims adjuster, has practical experience regarding how property insurance claims should be settled as well as legal experience about how governmental claims are often undervalued by insurance companies.
Most of these governmental entities have fantastic plans to help their constituents if a disaster strikes, but they usually have zero plans about what to do for their own insurance claim.
Continue Reading Representing Governmental Entities For Their Insurance Claims When They Are Late To File Suit
In 2017 and 2018, California experienced devastating wildfires, during which thousands of structures, homes, and businesses were destroyed. California insurers scrambled to adjust the thousands of claims but it was quickly recognized that they were not prepared to timely handle losses due to a large-scale natural disaster. The California legislature responded, enacting several amendments to the law extending the time policyholders had to collect additional living expenses and replacement costs.
Continue Reading Has the Statute of Limitations Passed To File A Lawsuit On My California Wildfire Claim?