It is common for an insurance policy to set a time limit in which to file suit, concerning a claim.
For example, you have an insurance policy with Giant Insurance Company. The insurance policy covers claims concerning homeowner’s insurance. The insurance policy provides that a suit concerning a claim against Giant must be commenced within 2 years from the date of the incident which caused the claim, such as a fire or theft.
Connecticut State law provides a statute of limitations period of six years, for contract claims. The legal issue is whether the insurance policy applies – the limitations period of 2 years in the insurance policy overrides the state statute of limitations.
Although I could not find a specific Connecticut Appeals Court case, the general rule is that parties are free to decide, by contract, the time frame in which to bring suit. (In Connecticut, there is specific law which applies to underinsured motorist claims which require a minimum amount of time to file suit, which can override an insurance policy provision).
This is a potential trap for claimants. A claimant who is having a problem with his or her own insurance company must review his or her insurance policy. It is vital to start suit within any time limit set by an insurance policy.
If you are having problems with an insurance claim, please feel free to contact
Attorney Robert M. Singer
2572 Whitney Avenue
Hamden, CT 06518
Serving all of Connecticut