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One Year Deadline Clarified

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Written by George Kehrer
Saturday, 10 October 2009 16:44

There are 3 deadlines to file a lawsuit regarding a claim against your insurer:

  • Contract—the insurance policy itself—one year from the date of the loss.
  • Statute—California Insurance Code Section 2071 (and 2070)—one year from the date the claim is fully paid or closed or letter from insurer saying it is closed.
  • Case law—Prudential-LMI v Superior Court (delayed discovery rule)—one year from discovery of the loss.  

None of the deadlines are contingent on any other activity, criminal or civil.To avoid any unexpected complications, expense or dismissal, it is always safest and best to rely on the shortest deadline. One year from the exact day of the loss is the latest to timely file a lawsuit without incurring arguments from the insurance defense attorneys that the case be dismissed for an untimely filing.In summary, the one year anniversary of the fires is approaching.  Alleged criminal activity by a third party will not extend any of these deadlines.

Last Updated ( Monday, 19 October 2009 16:46 )

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