John P. Ahlers | Ahlers & Cressman | October 13, 2016 Statutes of limitations are distinct from statutes of repose. There is a lot of confusion between the two. Generally, a statute of limitations is a law which sets the maximum period of time which one can wait before filing a lawsuit, depending on the… Continue reading Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations
Tag: Statute of Limitations
When does the Statute of Limitations Set in on an Insurer’s Wrongful Refusal to Settle?
Kurt W. Melchior | Nossaman LLP | June 21, 2016 Normally, the statute of limitations sets in when “the cause of action shall have accrued,” to quote California Code of Civil Procedure section 312. In an effort to simplify that date for lay readers, the Sacramento County Public Law Library has stated in a public… Continue reading When does the Statute of Limitations Set in on an Insurer’s Wrongful Refusal to Settle?
Oregon Negligent Construction Defect Claims Subject to 2-Year Statute of Limitations
Kevin Clonts | Rizzo Mattingly Bosworth PC | June 2016 On June 16, 2016, the Oregon Supreme Court issued an opinion holding that a two-year statute of limitations applies to negligent construction defect claims, subject to a discovery rule. In Oregon, negligent construction defect claims must therefore be brought within two years of when plaintiff… Continue reading Oregon Negligent Construction Defect Claims Subject to 2-Year Statute of Limitations
Unlicensed Contractors: Statute of Limitations Defense
Austin B. Calhoun | Jimerson & Cobb P.A. | March 11, 2016 Unlicensed contracting is a huge problem in Florida, and the Florida Legislature and Courts have fashioned a host of penalties. See Penalties for Unlicensed Contracting in Florida. However, according to a recent opinion from Florida’s Fifth District Court of Appeals, the loss of… Continue reading Unlicensed Contractors: Statute of Limitations Defense
The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes
Robert W. DiUbaldo and Jeanne M. Kohler | Carlton Fields | January 25, 2016 Whether a particular jurisdiction’s statute of limitations provides a reinsurer with a valid basis to deny payment of a cedent’s claim is sometimes a hotly-contested issue. Where a dispute is litigated in state or federal court, a reinsurer may argue that… Continue reading The Arbitrability Of Statutes Of Limitations In Reinsurance Disputes