News & Analysis as of September 14, 2024

Insurance Industry

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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 -

Arizona Court of Appeals Confirms UM/UIM Statute of Limitations

Jaburg Wilk on 4/22/2024

The Insurer issued an Auto Policy and an Umbrella Policy. The Auto Policy provided $100,000 of UIM coverage and the Umbrella Policy provided $2,000,000 of UIM coverage. Just like ARS § 12-555(C)(2),the Auto Policy barred UIM...more

Insurance Update - January 2024

Rivkin Radler LLP on 1/23/2024

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

A Primer on When a Cause of Action Accrues for Statute of Limitations Purposes

Sheppard Mullin Richter & Hampton LLP on 9/7/2023

In Bennett v. Ohio Nat’l Life Assur. Corp., 92 Cal. App. 5th 723, the California Court of Appeal addressed when the statute of limitations runs for a disability insurance claim. The Court held that the statute of limitations...more

Ninth Circuit Affirms Summary Judgment for Allstate in Bad Faith Claim

Sheppard Mullin Richter & Hampton LLP on 4/27/2023

In an issue of first impression, the Ninth Circuit Court of Appeals affirmed summary judgment for Allstate and held that the two-year statute of limitations for bad faith claims arising out of an uninsured/underinsured...more

The Impact of Florida’s Tort Reform Bill on Insurance Litigation

Faegre Drinker Biddle & Reath LLP on 4/6/2023

On March 24, 2023, a sweeping tort reform bill was signed into law by Florida Governor Ron DeSantis. House Bill 837 was touted by DeSantis as being designed to reduce frivolous lawsuits and prevent predatory practices of...more

Workers' Compensation Cases to Consider in 2023

Cranfill Sumner LLP on 1/5/2023

In the past two years, there have been many interesting and impactful appellate decisions in North Carolina Workers’ Compensation law. Going into 2023, we wanted to flag the following...more

Is it in or out...of the Statute of Limitations?

Cranfill Sumner LLP on 8/3/2022

Timely Service of Uninsured Motorist Actions - On July 7, 2022, the N.C. Supreme Court received a request, in the matter of Ricky DEAN, Administrator of the Estate of Olivia Darlene Flores v. Ravon Walser ROUSEAU, 2022 WL...more

Damned if You Do, Damned if You Don’t

Robins Kaplan LLP on 6/10/2022

Seifer v. Government Employees Insurance Company, decided by the First Circuit on May 13, 2022, raises an issue that could cause insurers to rethink how they handle claim investigations and pre-suit settlements. Seifer raises...more

Is an Assignee’s Late-Reported Hurricane Irma Claim Barred by the Statute of Limitations in Florida Statute § 627.70132?

Bressler, Amery & Ross, P.C. on 8/17/2021

Since 2011 and prior to the enactment of SB76, Florida Statute § 627.70132 provided a limitation for reporting hurricane and windstorm claims to an insurer. Specifically, the statue required that any claim, supplemental...more

April 2021 Fourth Circuit Tort & Insruance Cases of Interest

Maynard Nexsen on 7/28/2021

Periodically, Nexsen Pruet member Marc Manos, Chair-Elect of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &...more

Don’t Lead Me On: Georgia Court of Appeals Finds Insurance Company Did Not Mislead Insured and Therefore Did Not Waive Policy’s...

Carlton Fields on 7/28/2020

Insurance policies often contain “limitation-of-action” or suit limitation provisions, which contractually reduce the statute of limitations for an insured to assert a claim against an insurer. Depending on the state, such...more

Do Putative Class Members’ Claims Trigger the Duty to Defend?

Pillsbury - Policyholder Pulse blog on 2/19/2020

Must an insurer consider the possibility that putative class members (i.e., potential class members not named in the complaint) other than the proposed class representatives (i.e., the plaintiffs named in the complaint to...more

Construction One-Minute Read: What If Your Insurance Carrier Negligently Provides Insufficient Coverage?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/13/2018

On October 18, 2018, the Illinois Supreme Court clarified when the statute of limitations begins to run on a claim for negligent procurement of insurance by an insurance agent or broker. In American Family Mutual Insurance...more

Colorado Supreme Court Reaffirms Protection For Insurance Policyholders Under Colorado Law

Sherman & Howard L.L.C. on 5/31/2018

In the last two weeks, the Colorado Supreme Court has issued several important decisions for insurance policyholders—Am. Family Mut. Ins. Co. v. Barriga, No. 15SC934, issued May 29, 2018; Rooftop Restoration, Inc. v. Am....more

Texas Court of Appeals Confirms That, in Order to “Bring Suit” Within the Statute of Limitations Period, a Plaintiff Must Exercise...

White and Williams LLP on 5/9/2018

In Molina v. Gears, 2018 Tex. App. LEXIS 1978 (March 20, 2018), the Texas Court of Appeals addressed the issue of whether a plaintiff who timely-filed a complaint exercised due diligence with respect to serving the complaint....more

Professional Liability Claim Against Accountant for Failure to Procure Insurance Limits Accrues when Insurer Pays Lesser Amount,...

Haight Brown & Bonesteel LLP on 4/26/2018

In Lederer v. Gursey Schneider (No.B276266, filed 4/19/18), the Second Appellate District ruled that the statute of limitations on a cause of action for professional malpractice against an accounting firm for failing to...more

Plaintiffs’ Notice That the ‘Taxman Cometh’ Was Sufficient to Trigger Statute of Limitations

Carlton Fields on 4/10/2018

In a November 16, 2017 ruling, a California appellate court affirmed a summary judgment ruling in favor of several financial advisors, and insurer American General Life Insurance Company, holding that plaintiffs’ fraud and...more

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

Carlton Fields on 2/19/2018

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

Based on Principles of Fairness, Court Dismisses Putative Class Action RICO Claims Asserted Years After Initiation of Suit

Carlton Fields on 1/12/2018

In Robertson v. SunLife Financial, a federal district court in Louisiana dismissed with prejudice as time-barred an amended putative class action complaint alleging RICO and state racketeering claims related to alleged...more

Illinois District Court Dismisses Case Filed By Insurance Department, As Rehabilitator, Against Reinsurer

Carlton Fields on 10/11/2017

The District Court for the Northern District of Illinois dismissed a complaint filed by Plaintiff-Rehabilitator, the Illinois Director of Insurance, against Defendant-Reinsurer, Twin Rivers, alleging breach of contract,...more

Seventh Circuit Affirms Dismissal Of Post-Liquidation Reinsurance Claim As Time-Barred

Carlton Fields on 9/19/2017

We previously posted on the trial court’s ruling addressing the statute of limitations in this case on June 23, 2016. By way of background, the underlying contract between the insurer and the reinsurer required the insurer to...more

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

Maynard Nexsen on 5/5/2017

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

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

Robinson+Cole Property Insurance Coverage... on 5/4/2017

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

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

Robinson+Cole Property Insurance Coverage... on 4/19/2017

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

Illinois Federal Court Rules That Cedent’s Claims Are Time-Barred

Carlton Fields on 6/23/2016

Our prior discussion of this case, and relevant background, can be found here. In 2012, Pine Top Receivables of Illinois, LLC (“PTRIL”) brought an action against Banco de Seguros del Estado (“Banco”) to recover sums...more

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