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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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