News & Analysis as of September 23, 2024

Statute of Limitations › Commercial Insurance Policies

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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 -

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

Cozen O'Connor on 6/29/2021

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

Voluntarily Dissolved Business Entities/Environmental Claims: Oregon Legislation Revises Time Limitations to Pursue Insurance...

Mitchell, Williams, Selig, Gates & Woodyard,... on 6/22/2021

The Oregon Legislature enacted legislation that would allow the pursuit of claims against insurance policies of dissolved corporations or limited liability companies for a time period beyond time limitations that otherwise...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

The Lasting Impact of Kokesh: Footnote 3 and Beyond

King & Spalding on 9/17/2019

In June 2017, the Supreme Court held in Kokesh v. SEC that SEC disgorgement is a penalty, rather than an equitable remedy, and thus subject to the five-year statute of limitations codified in 28 U.S.C. § 2462. More than two...more

Symptoms of the Texas Progressive Claim Syndrome

Zelle LLP on 9/18/2015

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

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