Contact us

One Year Deadline Clarified

Print
E-mail
Written by George Kehrer
Sunday, 11 October 2009 00:44

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 ( Tuesday, 20 October 2009 00:46 )

Tips for Disaster Survivors

Visit our Download section for helpful handouts.

Download our sample inventory and Register for regular updates

Download Personal Property Inventory Sample       Register Here

SDG&E Class Action Denied

Fire victims need the best legal help to challenge SDG&E As anticipated, the SDG&E/Sempra Class Acti...
+Read More...

Station Fire Survivors

If you have a neighbor, friend or other loved one who lost their home in a recent fire, please email...
+Read More...

CARe, Succeeds in Additional $46 Million Sayre Fire Insurance Recovery

CARe worked in conjunction with Los Angeles city councilman's office, Richard Alarcon, to identify a...
+Read More...

Court cases can have an enormous effect on the recovery process

Everett v State Farm is the most recent case which has impacted every homeowner in California. You c...
+Read More...