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Insurance Litigation Statute of Limitations Property Insurance

Zelle  LLP

Court Grants Insurer’s Motion for Summary Judgment on Nearly All of Insureds’ Causes of Action

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Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025). In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in...more

Cozen O'Connor

Appraisal Process Tolls Contractual Suit Limitation Period Even For Non-Covered Claims

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The Eleventh Circuit Court of Appeals recently held that, under Georgia law, an appraisal process tolled a commercial property policy’s two-year contractual suit limitation period even for non-covered claims....more

Carlton Fields

Opening The Pandora’s Box Of Flood Policies, Or How Filing Suit Against Flood Insurers Can Effectively Reduce The Suit Limitations...

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When is an insurer’s “Rejection of Proof of Loss” letter for flood insurance damage, which states on its face that it “is not a denial of your claim,” nevertheless a written denial of claim? According to the Third Circuit in...more

Robinson+Cole Property Insurance Coverage...

Suit Limitation Period In Standard Flood Insurance Policy Is Not Tolled By Filing In State Court: Hurricane Irene Claim Dismissed...

The terms and conditions of the Standard Flood Insurance Policy (“SFIP”) are specified by regulations promulgated under the National Flood Insurance Act (“NFIA”). One of the terms in the SFIP provides that the insured cannot...more

Carlton Fields

New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit

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Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No....more

Robinson+Cole Property Insurance Coverage...

Appraisal Award Unenforceable Where Suit Limitation Period Expired Prior To Filing Suit: New York County Dismisses Storm Sandy...

Suit limitation provisions in insurance policies shorten the statutory period of time that a plaintiff may bring a suit against an insurer for certain causes of action. A New York court recently held that an appraisal award...more

Cozen O'Connor

Insurers From Coast to Coast Notch Suit Limitation Victories

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Over the last several months, courts in Washington, Kansas, and Virginia have awarded victories to carriers asserting a suit limitation defense, and there are three valuable takeaways from the decisions. First, the insurer...more

Zelle  LLP

Symptoms of the Texas Progressive Claim Syndrome

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Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending January 16 & 23,2015

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REAL PROPERTY UPDATE - Commercial Lease/Cotenancy Provisions: whether cotenancy provision in lease for retail space in shopping center, which requires other particular store(s) in shopping center to remain occupied by...more

Cozen O'Connor

Nevada Court Holds One-Year Suit Limitation Provision Does Not Bar Bad Faith or UCPA Claims

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Property insurance policies commonly contain a suit limitation provision which generally provides that an insured cannot file suit against the insurer unless the action is brought within one or two years of the date of loss. ...more

Carlton Fields

New York District Court Rejects Excess Carrier’s Attempt to Stack Primary Limits in Continuous Exposure Case

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Cases involving continuous exposure present unique challenges. Determining when the alleged injury occurred is critical in evaluating causation, damages, and statute of limitations defenses. The date and nature of the...more

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