One-Year Statute of Limitations When Filing a Lawsuit Against Your Insurer

We recently had a client come to us who was leasing a warehouse where he stored electronics, and other rare collectible items, including antiques, which he would then sell at wholesale prices. The client believes the warehouse caught on fire due to the City’s negligence.

False Protection
Despite losing over $2.5 million in personal property, our client was sued by his landlord for the damage the fire caused to the building. His insurance company, State Farm, hired attorneys and told him they would protect him.
Following-Up
Over one year later, State Farm paid the landlord $300,000 and told him it was too late to file a claim, because more than a year had lapsed since the date of loss.
Defending Your Rights
Our advice to prospective clients, or to those who have claims with their insurance carriers, is to be careful with how you proceed. We recommend that you hire attorneys to protect you. If you wish to file a lawsuit, remember, most insurance contracts have a one-year limitation period for filing lawsuits. This means, if you wait more than a year, you cannot sue the insurance company.
Conclusion
Also, if the city caused the fire, then there is a 6 month claim period where a claim has to be made against the city. This client lost both opportunities to recover for his significant loss.

 

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