Always check time frames for proof of loss and the time to file a lawsuit. I preach these are lessons because the time to adjust claims and resolve disputes seems to be dragging on. While some states allow for an “equitable tolling” where the time for limitations is tolled until a denial occurs, most states do not allow this extension.
Continue Reading Condo Loses Claim Because of Statute of Limitations—Always Mark the Date to File Suit
A recent legal skirmish under a builders risk policy contains significant discussion about Georgia law allowing insurance companies to shorten the time to file a lawsuit. The trial court Order1 not dismissing the lawsuit despite a one-year limitation, and the brief of the policyholder are attached because they are worthy of study if you find yourself in a Georgia situation where the insurer is relying upon a statute of limitation defense.
Continue Reading Georgia Allows Property Insurers to Shorten Statute of Limitations But There Are Exceptions
What is the statute of limitations under a property insurance policy in Vermont? What do policyholders, restoration contractors, and public adjusters have to be concerned about when faced with statute of limitations, but no denial has occurred or the property is not fully repaired? What happens if additional damage is found after the statute of limitations?
Continue Reading Vermont Statute of Limitations and Hidden Damages Discovered After the Limitations Passes
When it comes to claims, the National Flood Insurance Program is in need of major legal reform that only Congress can address. The claims system is form over substance. When it comes to the stupid reasons insurance benefits can legally be disallowed, the National Flood Insurance Program is in a league by itself. The most recent example of how an entire flood claim for all damages can be denied is an innocuous letter denying part of the contents claim because photographs of some content items were not provided.1
Continue Reading All National Flood Insurance Letters Are Important—Technical Denials of Only a Part of a Claim Start the One-Year Time to File Suit
Insurance companies often have clauses which shorten the time to file suit against them that are less than the statutory limitations for suit. Some states allow this, and some states do not. An important North Carolina decision filed yesterday indicates that North Carolina will not allow insurance companies to shorten statute of limitations under property insurance policies. The limitations period is three years from the date of the loss.1
Continue Reading Insurance Claim Statute of Limitations In North Carolina
With wildfire season in full swing, it is worth revisiting the laws surrounding the deadlines to file suit and ensuring that coverage counsel properly writes the lawsuit to avoid dismissal. Last week, a federal court ruled that an insured’s lawsuit was filed too late based on the allegations the insured herself set forth. The court ruled, consistent with California law, that the deadline is firm and missing the deadline bars the lawsuit. The case is Rosenberg-Wohl v. State Farm Fire & Casualty Company.1
Continue Reading Not Following California’s Intricate Suit Limitations Rules Dooms Yet Another Unsophisticated Insured
Iowa Insurance Commissioner Doug Ommen deserves a big shout out for issuing a Bulletin on July 26 warning policyholders of the impending statute of limitations for a derecho that struck Iowa on August 10, 2020. He is calling on insurance companies to be liberal granting extensions to file lawsuits and warning derecho claimants to file suit or get an extension before August 10—next week! This Bulletin provides:
Continue Reading Iowa Derecho Statute of Limitations Quickly Approaching—Policyholders, Public Insurance Adjusters, and Contractors Beware!
Recently the New York Statute of Limitations has become a heated topic of litigation. Governor Cuomo issued Executive Orders tolling the Statute of Limitations, but the question has become, what is the effect of those orders? The Statute of Limitations in New York is generally six years,1 however, this can be altered by contract. Many Insurance Policies shorten this six-year period to only twelve months.
Continue Reading New York Statute of Limitations and the Effect of the COVID-19 Closures
We are often asked by insureds about the timeframe in which they must file a lawsuit against their insurance carrier related to property damage caused by a storm where the insurance carrier refuses to fully pay for the damage or has denied the claim for damage. This is referred to as the statute of limitations in the legal realm and typically starts at the time of the breach or failure to do the thing that is the subject of the insurance agreement.1
Continue Reading Time Limit for Filing Lawsuit in Nebraska Related to Insufficient/Nonpayment of Your Property Damage Claim
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