Kenneth Kan – May 19, 2014 In my previous blog I discussed how in Arizona, if a policyholder submits a claim that is deemed late, the insurance company cannot deny the claim on that basis unless it can show actual prejudice from the delay. Now, what happens when the policyholder files a lawsuit after the… Continue reading In Arizona, the “Prejudice” Rule Applies to Late Lawsuits Filed Against Insurance Companies
Tag: Statute of Limitations
When Does a “Date of Loss” Actually Manifest in California?
Denise Sze- April 1, 2014 Statues of Limitations are extremely important to policyholders and their attorneys. After all, when a statute runs, your rights to file a lawsuit in hopes of recovery disappears. However, the age old question of when is an actual “date of loss” or “manifestation” in property insurance law is still debated,… Continue reading When Does a “Date of Loss” Actually Manifest in California?
Further Clarification of the National Flood Statute of Limitation and Proof of Loss
Ashley Smith – November 22, 2013 The flood proof of loss and statute of limitations has been discussed at length by Chip Merlin in previous blogs: Avoiding the National Flood Statute of Limitation Trap; National Flood Proofs of Loss – Video Blog. However, yesterday FEMA attempted to clarify the discrepancies with a bulletin directed at the… Continue reading Further Clarification of the National Flood Statute of Limitation and Proof of Loss
Patent vs. Latent Defects in California Construction Defect Litigation
Pieter M. O’Leary – November 1, 2013 Determining whether a construction defect is patent or latent plays a significant factor in determining if a claim may be barred by a statute of limitations. 1. Patent vs. Latent Defect Patent and latent defect issues arise in construction defect litigation. A latent defect is a construction… Continue reading Patent vs. Latent Defects in California Construction Defect Litigation
Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders
David Furtado – October 22, 2013 On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense… Continue reading Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders