Statute of Limitations

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

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.

Continue Reading What is the Deadline to File a Lawsuit for Unfair Competition Lawsuits in California?

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. 

Continue Reading Statutes of Limitation Require Filing a Lawsuit or Obtaining an Extension of Time to Do So

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?