What is the statute of limitations for suing an insurance provider for denying a homeowner's claim?

Answer 1

Most policy contracts do state a time frame for the payment of 'covered' losses. See Section I- Conditions, Loss Payment in your particular policy. // Try checking with your department of insurance. Many states have regulations on how long insurance companies can take to answer your questions and/or pay claims. You should also check for a statute that cover your own interests... like the amount of time you have to file a law suit. If it's been several months and the insurance company is not budging and you've already contacted your department of insurance... it might be time to seek legal advice.

Answer 2

States establish SOL's concerning any type of lawsuit other than one that would come under federal jurisdiction. The statute of limitations will vary from state to state - check local law. Every claim should be made as soon as possible after the event, however, to preserve evidence of your position, keep information fresh, and avoid being accused in court of delaying.

Consumers should assert their legal rights if they believe they have not been treated fairly.

Bear in mind that insurance providers retain an "army" of attorneys. Insurance companies may deny a claim based on an erroneous understanding of the facts, or based on a conservative interpretation of coverage criteria when compared with the facts. The first step to countering a denial of claim is negotiation and assertion of your position. An insurance company will weigh the costs of payment of a claim against cost to them of contesting a claim, as well as the likelihood of success. An insurer will also consider how many other claims like yours may be pending, and may be hesitant to create a precedent. While the claim is a personal matter for you, an insurance company considers this a business decision. One should give serious consideration as to the personal cost and time of pursuing litigation as well as the financial expense. While it is not necessary to obtain legal counsel to negotiate a dispute, it may be cost effective, and may avoid litigation. Whether representing yourself or using an attorney, it is important to see how courts in your state have ruled on insurance claims under similar facts. Looking at that information early on can let you know how good a claim you have, and how much effort it is worth.