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Statute of Limitations › Insurance Litigation › Property Damage

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Carlton Fields

Pennsylvania District Court Denies Mortgagee’s Late Suit Against Homeowner’s Insurer as Barred by Policy’s Limitations Clause

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The U.S. District Court for the Middle District of Pennsylvania recently granted summary judgment in an insurance coverage dispute between intervenor LoanDepot.com LLC and Allstate Insurance Co., holding that LoanDepot’s suit...more

Robinson+Cole Construction Law Zone

Suit Limitation Provisions in New York

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New York law generally enforces a contractual suit limitation that specifies a “reasonable” period of time (usually shorter than the applicable statute of limitations) within which an action must be commenced. The contractual...more

Butler Weihmuller Katz Craig LLP

Subrogation in Louisiana and the Challenges of the One-Year Prescriptive Period

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Article 3492 of the Louisiana Civil Code governs the time period in which a “delictual action” – an action that is considered to be tortious or causing harm to someone’s rights or property – may be filed in Louisiana....more

Rivkin Radler LLP

Insurance Update - January 2024

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In our January insurance update, we include three state cases addressing some less common situations. It’s not often that a pollution exclusion is interpreted in the context of an auto policy. But the South Dakota Supreme...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

Downs Rachlin Martin PLLC

VSC Rules "Date Of Loss" Not Ambiguous

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Brillman v. New England Guaranty Ins. Co., 2020 VT 16 (Feb. 21, 2020) - In this insurance coverage decision, the Vermont Supreme Court determined that the “date of loss,” which starts the clock running on the one-year...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

Maynard Nexsen

Fourth Circuit Upholds 1-year Statute of Limitations on Flood Insurance Claims

Maynard Nexsen on

In Woodson v. Allstate Insurance Co., the United States Court of Appeals for the Fourth Circuit recently upheld a one-year statute of limitations in flood insurance claims. Briefly, Hurricane Irene flooded the home of...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

Cozen O'Connor

Massachusetts Court Refuses to Apply Discovery Rule to Commencement of the Suit Limitations Period

Cozen O'Connor on

Monday, in Nurse v. Omega U.S.  Insurance., Inc., 2015 Mass. App. LEXIS 158, 2015 WL 5774390 (Mass.App., Oct. 5, 2015), a unanimous panel of Massachusetts’ intermediate level appellate court held that the two-year suit...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending February 20, 2015

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REAL PROPERTY UPDATE - Sinkhole/Appraisal: reversing non-final order compelling appraisal of sinkhole claim because one is not appropriate under section 631.54(3)(c), Florida Statutes – Fla. Ins. Guar. Ass’n, Inc. v....more

Cozen O'Connor

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

Cozen O'Connor on

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

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