Statute of Limitations
Basich vs. Allstate Insurance Company, et al.
Year: 2000
Court: California Court of Appeal, 2nd District, Division 3
Case Number: B132634, LASC Case No. BC 167194
Issue:
  • Statute of Limitations
State:
  • California

Statute of Limitations-equitable estoppel
Factory Mutual Insurance Co. vs. Northwest Aluminum
Year: 2002
Court: U.S. Court of Appeals, 9th Circuit
Case Number: 03-35147
Issue:
  • Statute of Limitations
State:
  • Oregon

The doctrine of equitable tolling requires that suit limitations in a policy be tolled between the date the insurer receives notice of the claim and the date it denies the claim.
Marselis, Anne vs. Allstate Insurance Company
Year: 2003
Court: California Court of Appeal, 2nd District, Division 3
Case Number: A100860
Issue:
  • Statute of Limitations
State:
  • California

Because it did not rely on the statute of limitations in denying the claim, Allstate should be estopped from raising it as an affirmative defense in a bad faith lawsuit filed against it by its policyholder.
Morrill and The Estate of John Prestiss vs. Cotton States Mutual Insurance Company
Year: 2007
Court: Georgia Court of Appeals
Case Number: A08A1391
Issue:
  • Statute of Limitations
State:
  • Georgia

Insurer attempted to apply contractual one year statute of limitations in contravention of the public policy of Georgia, as established by statute and precedent allowing policyholders two years from the date of loss to file suit. The trial court erred by (1) applying the time…
Superior Dispatch vs. Insurance Corporation of New York
Year: 2008
Court: California Court of Appeal, 2nd District, Division 3
Case Number: B204878
Issue:
  • Notice of time to file claim
  • Statute of Limitations
State:
  • California

The insurer’s position in this appeal is that, despite its violation of Sections 2695.4 and 2695.7 of the Cal. Code of Regulations, it should not be estopped to assert the contractual limitations period. The plain meaning of the regulations commands an insurer to give the…
Strandley vs. CAN Insurance Company
Year: 1998
Court: Washington State Supreme Court
Case Number:
Issue:
  • Statute of Limitations
State:
  • Washington
Vu vs. Prudential Prop. & Casualty Insurance Company
Year: 2000
Court: California Supreme Court
Case Number: S078271
Issue:
  • Statute of Limitations
State:
  • California
Russell v. Catholic Healthcare, UNUM et al.
Year: 2014
Court: U.S, Court of Appeals, 6th Circuit
Case Number: 13-4084
Issue:
  • ERISA
  • Statute of Limitations
State:
  • Ohio

ERISA plan administrators must include a time limit for judicial review (i.e., a statute of limitations to file suit) in a letter denying disability benefits. In the absence of such a notification, contractual limitations cannot be enforced against the participant, as required by federal regulations.…
Rooftop Restoration, Inc. v. American Family Mut. Ins. Co.
Year: 2017
Court: Colorado Supreme Court
Case Number: 2017SA3
Issue:
  • Statute of Limitations
State:
  • Colorado

Under Colorado law, a policyholder may bring action under the “prompt payment statute” when an insurance company unreasonably delays or denies payment on a valid insurance claim. On certified question from the Colorado Federal District Court, the Colorado Supreme Court was confronted with the issue…
Labarre et al v. Texas Brine Co., LLC (Indian Harbor Ins. Co.)
Year: 2017
Court: Louisiana Supreme Court
Case Number: 2017-CC-1761
Issue:
  • Bad Faith
  • Statute of Limitations
State:
  • Louisiana

Under Louisiana law (statute), a policyholder’s coverage claim against its insurer should be subject to a 10-year prescriptive period. Prescriptive statutes are to be strictly construed against prescription and in favor of the obligation sought to be extinguished. A primary reason for these rules is…