Last week, the Marion County Circuit Court dismissed an insured’s claim for breach of contract based on the one-year suit limitations period in a policy for Personal Injury Protection (PIP) insurance. MLR attorneys, Tony Reiner and Janis Puracal, briefed and argued summary judgment for the insurer.
In the case, the insureds were injured in a car accident, and the insurer paid PIP benefits for certain expenses. After obtaining the results of an independent medical examination, the insurer denied further payment for expenses found not reasonable or medically necessary. The insurance policy contained a one year PIP suit limitation provision. Although insureds were represented by an attorney during the claims handling process, they failed to file suit against the insurer within one year, as required by the insurance policy. After the one year period lapsed, they brought suit. The suit, which sought PIP payment for additional expenses, was dismissed with prejudice on summary judgment. The Oregon court agreed that the PIP statutes do not mandate a minimum suit limitations period, and the contractual provision in the policy was clear and unambiguous.
The attorneys at Maloney Lauersdorf Reiner have litigated numerous PIP coverage lawsuits, including issues relating to suit limitations provisions. Please contact us with any questions about MLR’s latest success, or any other matter you see on the Insurance Coverage Blog.