Tag Archives: Statute of Limitations

It took my carrier almost a year to make their coverage determination, and now I am being told that the one-year limitations period under the policy ends in a few days. Is that right?

Most insurance policies contain a contractual provision that sets forth the time frame in which the insured must commence suit should a dispute arise concerning the policy. In many instances, these limitation provisions provide that the insured must file suit no later than one year after the date of the loss.… Continue Reading

Wyoming Denied or Delayed Property Damage Claims

Property insurance is purchased to help protect an insured with the consequences of a natural disaster or serious storm. Far too often we hear from confused policyholders when their insurance carrier attempts to delay payment of a valid covered claim or unreasonably delays the payment of covered benefits. Fortunately, Wyoming provides several legal avenues to … Continue Reading

Policy Conditions “Conformity to State Law” May Extend the Period Time to File Suit.

Some insurance policies will contain a clause within the conditions section entitled “Conformity to State Law.” This provision contains language similar to: “Conformity to State Law. When a policy provision is in conflict with the applicable state law of the State in which this policy is issued, the law of the state will apply.”… Continue Reading

Are You at Odds with Your Insurer in Arizona? An Outline on Initiating Litigation in the Grand Canyon State

In Arizona, the statute of limitations for a cause of action for insurance benefits will begin to run from the date the insurer committed a breach, unless the policy states otherwise (i.e., from the “inception of” or “date of” loss). Typically, this means from the date the insurer denies claim benefits to its insured.1… Continue Reading

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
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