Hello! I would like to know if anyone knows the statute of limitations for reporting claims with your carrier in Colorado. I have been searching for the statute that provides the information but have gotten nowhere. Is there a statute of limitations for reporting a Hail or Windstorm claim? Or can someone please provide me with the statute that has that information? Please Help! Thank you in advance!
Adria Morera asked 8 months ago 1 Answers
Katie Goodrich Expert answered 8 months ago Hello, thanks for submitting your question. Your insurance policy may have a deadline for submitting hail and wind claims – that would be reflected in the insurance policy itself. This is different from a statute of limitations because it is a deadline for filing a claim under the policy with the insurance company, not a deadline by which you have to file a lawsuit. In Colorado, recent case law would suggest that the insurance company may not deny a claim for untimely notice unless it can show that it was in some way prejudiced by the late notice.
The statute of limitations (i.e. date by which you must file a lawsuit) for breach of contract in Colorado is 3 years. The statute of limitations for statutory unreasonable delay or denial of insurance benefits is 2 years from the date you knew or should have known that the insurance company would unreasonably delay or deny payment of covered benefits.
I’d recommend that you get a full copy of your insurance policy and talk with an attorney to explore your options and gain an understanding of your obligations under the policy, and do so as soon as you can to protect your rights. I wish you all the best!
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