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Insurance policy’s one-year limitation period voided

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The Indiana Court of Appeals rejected State Farm Fire and Casualty Co.’s claim that if it’s one-year limitation on bringing an action against the insurer is unenforceable then the court should find a two-year limitation period applies based on Indiana statute.

In State Farm Fire and Casualty Company v. Riddell National Bank, 61A01-1204-PL-159, Riddell National Bank sought to file a claim in December 2009 with State Farm after discovering extensive damage in June 2009 to a home previously owned by a couple who held a mortgage through the bank. The couple executed a deed in lieu of foreclosure to Riddell in November 2009 after moving out of the property in August 2008. State Farm denied the claim and Riddell brought suit in September 2011.

State Farm moved to dismiss because Riddell’s claim was time barred based on the policy issued to the couple in 2009 that said: “No action shall be brought unless there has been compliance with the policy provisions. The action must be started within one year after the date of loss or damage.” The trial court denied its motion to dismiss.

The Court of Appeals found, and the insurer conceded, that the parties’ policy requiring an action brought within one year is unenforceable pursuant to Indiana Code 27-1-13-17(b). That statute says an insurance policy may not limit the right to bring an action against an insurer to a period of less than two years from the date of loss.

State Farm argued then that the two-year limitation period mentioned in the statute should apply. But I.C. 27-1-13-17 does not provide a two-year default statute of limitations, Chief Judge Margret Robb wrote.

“It merely provides that an insurance policy requiring the filing of a claim in a time period less than two years is void. Indiana Code section 34-11-2-11, on the other hand, does provide a default statute of limitations period, and pursuant to the conformity with state law term in the policy, that default applies to the parties,” she continued, pointing out that statute provides a 10-year statute of limitations.

Under the 10-year statute of limitations, the bank’s claim was timely.  




 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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