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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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