Archive | Suit Limitation Period

Court Considers Application of Equitable Estoppel to Suit Limitation Provision

Last month, the Oregon federal district court, applying Washington law, addressed whether equitable estoppel barred an insurance company from relying on a one-year suit limitation provision.  Semeryanov v. Country Mut. Ins. Co., 2014 WL 6998097, No. 14-cv-313-SI (D. Or. Dec. 9, 2014), concerned an insured whose residence, which sat in […]

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Oregon Court Addresses Replacement Cost Requirements

On October 8, 2014, the Oregon Court of Appeals issued an opinion in Patton v. Mutual of Enumclaw Ins. Co., 266 Or App —, — P3d — (2014) (“Patton II”) addressing the period of time an insured has to repair or replace property that was damaged by fire.  This was […]

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Washington Bad Faith Claim Not Barred by Expired Suit Limitation Provision

The U.S. District Court for the Western District of Washington, at Tacoma, recently issued an opinion Schnell v State Farm Fire and Cas Co., 2014 WL 1089752 (W.D. Wash. Mar. 18, 2014), concerning the impact of an expired suit limitation provision on an insured’s claim for bad faith.  The case concerned […]

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Suit Limitation Provision Held Unreasonable by New York Court

On February 13, 2014, the Court of Appeals of New York issued an opinion in Executive Plaza, LLC v. Peerless Ins. Co., — N.E.3d —, 2014 WL 551251 (N.Y. 2014) addressing a certified question from the U.S. Court of Appeals for the Second Circuit concerning application of a two-year suit limitation […]

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