News & Analysis as of September 25, 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 -

Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in...

White and Williams LLP on 7/9/2024

In Ohio Sec. Ins. Co v. Brakefire, Inc., CA. No. 5:24-cv-267, 2024 U.S. Dist. LEXIS 97606 (Brakefire), the United States District Court for the Northern District of Ohio considered whether a subrogating plaintiff’s negligence...more

What a Difference a Day Makes: Mississippi’s Discovery Rule

White and Williams LLP on 10/19/2023

The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....more

McHugh, Thomas, and the Long-Term Risk of California Insurance Code Sections 10113.71 and 10113.72

Rumberger | Kirk on 7/29/2022

In 2012, the California Legislature enacted changes to the California Insurance Code that provide protections intended to shield consumers from losing life insurance coverage due to late or missed insurance premium...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

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

The Nuts and Bolts of Tolling an Insurance Policy’s Suit Limitation Provision in New Jersey

Robinson+Cole Property Insurance Coverage... on 8/5/2016

A recent New Jersey Federal District Court decision provides a good example of how an insurance policy’s Suit Limitation period may be “stopped” and “re-started” by equitable tolling during the adjustment of a property...more

Too Little, Too Late: The Harsh Bright Line of Suit Limitation Provisions

Carlton Fields on 2/8/2016

Approximately twenty percent of Americans have been classified as chronic procrastinators, which means one in five policyholders faces a potential problem when suing for coverage. While the statute of limitations for breach...more

New Hampshire Federal Court Rules That England’s Statute Of Limitations Applies To A Cedent’s Breach Of Contract Claim

Carlton Fields on 11/4/2015

In a diversity action based upon breach of a facultative reinsurance certificate, a New Hampshire federal court recently held that England’s six-year statute of limitations governed a cedent’s contract claim, rejecting the...more

Real Property, Financial Services & Title Insurance Update: Week Ending October 16, 2015

Carlton Fields on 10/20/2015

REAL PROPERTY UPDATE - - Foreclosure/Standing: although bank established it had possession of note prior to commencement of action, bank did not demonstrate when blank endorsement was placed on note, nor did it prove it...more

Employee Benefits Alert - August 2015

Franczek P.C. on 9/9/2015

Retirement Plans - IRS Issues Guidance on Benefit Suspension Voting under MPRA - As we have written in prior alerts, the Multiemployer Pension Reform Act of 2014 (MPRA) permits trustees of financially troubled...more

When $16.5 Million Is Not Enough: Insurer And Reinsurer Battle Over Fronting Arrangement

Carlton Fields on 6/15/2015

Lincoln General Insurance Company (“Lincoln”) appealed a district court judgment, despite it having won a $16.5 million dollar tortious interference verdict, to the Fifth Circuit Court of Appeals. Lincoln alleged that the...more

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Statute of Limitations › Breach of Contract › Insurance Industry

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