News & Analysis as of September 25, 2024

Statute of Limitations › Property Damage

+ Follow

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 -

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

Butler Weihmuller Katz Craig LLP on 7/29/2024

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

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

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

Otten Johnson Robinson Neff + Ragonetti PC on 4/10/2024

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...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

Superior Court of Pennsylvania Affirms Trial Court’s Refusal to Open the Judgment of Non Pros Against Plaintiff

Marshall Dennehey on 9/20/2023

Atuahene v. Agondanou, Slip Copy, 2023 WL 2808476 - The plaintiff filed a claim for property damage to her vehicle four years after the date of the accident. The arbitration panel dismissed her claim based on the two-year...more

Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations

White and Williams LLP on 6/7/2022

In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these...more

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

Florida Appellate Court Affirms Statute of Limitations for Latent Construction Defects

Bilzin Sumberg on 6/28/2021

The Cottages at Stoney Creek Condominium Association, Inc. et al v. JDR Construction, LLC et al, No. 1D20-956, 2021 WL 2209851 (June 1, 2021) aff’d per curiam....more

A Look Inside Florida’s Recent Property Insurance Reform

Cozen O'Connor on 6/14/2021

Two years after implementing meaningful assignment of benefits reform, Florida enacted broader property insurance claim reform. On June 11, 2021, Governor DeSantis sign S.B. 76, which takes effect on July 1, 2021. ...more

Plaintiff's Legal Malpractice Action—First Filed Too Early, Then Refiled Too Late—Results in Dismissal With Prejudice

Hinshaw & Culbertson - Lawyers for the... on 1/28/2021

Flintlock Constr. Servs, LLC v. Rubin, Fiorella & Friedman, LLP, 2020 NY Slip Op 06711 (App. Div.). Brief Summary - After plaintiff's initial legal malpractice action was dismissed as premature because the underlying...more

VSC Rules "Date Of Loss" Not Ambiguous

Downs Rachlin Martin PLLC on 10/6/2020

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

Lease Contamination Claim Squelched by Limitations

Gray Reed on 6/4/2019

In Swift Energy Operating LLC v. Regency Field Services LLC, claims for damage to leased minerals allegedly caused by contamination spreading from an H2S-CO2 injection well were barred by limitations. When the cause of action...more

Not Off the Hook...Trouble in Paradise for Puerto Rico Insurers

Butler Weihmuller Katz Craig LLP on 2/22/2019

Recent legislative and judicial developments in Puerto Rico may very well have revived thousands of claims that insurers believed to be time-barred, per the terms of the Suit Against Us provisions of their Policies. ...more

Sharply Divided Massachusetts Supreme Court Holds That the Statute of Repose Bars a Homeowner’s Claim Against a Contractor Under...

Troutman Pepper on 11/1/2018

Bridgwood v A.J. Wood Constr., Inc., 2018 Mass. Lexis 561 (Sup. Ct., Aug. 29, 2018) - On October 30, 2000, the city of Newburyport, through its housing rehabilitation program, awarded A.J. Wood a contract for the...more

Shorter Statutes of Limitations for Property Damage Caused By Automobiles in Michigan and Wisconsin

Cozen O'Connor on 8/6/2018

Two states, Michigan and Wisconsin, maintain shorter statutes of limitations for claims arising from property damage to buildings caused by automobiles. It is, of course, imperative to comply with the shorter statute of...more

Coal Tar/Property Damage Action: New Jersey Appellate Court Addresses Statute of Limitations Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/26/2018

The Appellate Division of the Superior Court of New Jersey (“Court”) addressed in a June 20th opinion several issues associated with a landowner’s lawsuit alleging damages caused by coal tar originating from an adjacent...more

SJC Clarifies Statute of Limitations for Contaminated Property Damage Claims but Raises Questions of Application

Beveridge & Diamond PC on 3/30/2018

Plaintiffs with property damage claims under the Massachusetts clean-up law have more time to bring their claim than might be expected under the three-year statute of limitations according to a recent ruling by the top...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

Statute of Limitations for Massachusetts Hazardous Waste Property Damages Claims Clarified (And, Possibly, Extended)

Goulston & Storrs PC on 2/13/2018

Recently the Massachusetts Supreme Judicial Court found that the statute of limitations for a property damage claim brought by a private party under Chapter 21E did not begin to run until that private party knew that the...more

Massachusetts Highest Court Clarifies When Claims for Permanent Property Damage Under Chapter 21E Accrue

Holland & Knight LLP on 1/31/2018

On Jan. 19, 2018, the Massachusetts Supreme Judicial Court (SJC) issued a decision in Grand Manor Condominium Association v. City of Lowell, 2018 WL 473078, which clarified, and some would say "changed," when a claim for...more

Real Property, Financial Services, & Title Insurance Update: Week Ending January 12, 2018

Carlton Fields on 1/25/2018

REAL PROPERTY UPDATE - Standing/Foreclosure: pursuant to Florida Rule of Procedure 1.260, the assignee of a note during pendency of a foreclosure acquires standing of original plaintiff lender - Spicer v Ocwen Loan...more

It’s Better to Be the Plaintiff Than the Defendant in Massachusetts Superfund Cases

Foley Hoag LLP - Environmental Law on 1/23/2018

In the early days of Superfund, defense lawyers used to joke that all government lawyers had the same oral argument script. It was three sentences long....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

Fourth Circuit: Plaintiff Cannot Rely on CERCLA Discovery Rule to Save Tort Claims

Beveridge & Diamond PC on 5/3/2017

Declining to apply CERCLA’s discovery rule to preempt a state statute of limitations, the U.S. Court of Appeals for the Fourth Circuit upheld a district court decision to dismiss untimely state tort claims stemming from...more

36 Results

View per page

Page: of 2

Statute of Limitations › Property Damage

"My best business intelligence, in one easy email…"