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Can a Court Equitably Toll the Statute of Limitations in an Insurance Policy?

insuranceOne Court recently did in a Super Storm Sandy case in New Jersey.  The United Stated District Court for the District of New Jersey, in Inacio v. State Farm recently found an equitable tolling of the Statute of limitations in a Sandy case where the carrier did not unequivocally deny the claim in its first denial letter.  State Farm’s insurance policy provided for a one year statute of limitations for filing a claim for property damage.  Richard Inacio filed suit in June 2014, one year and eight months after the storm.  In NJ, the statute of limitations under an insurance policy runs from the date of the eventual equivocal denial.  The Court found that while State Farm sent a letter to the insured, which it claimed was an unequivocal denial, in December 2012, its subsequent actions in re-inspecting the premises and making additional payments supported the conclusion that it did not unequivocally deny the claim until August 2013.  Read more…

by Rosa M. Feeney, Esq
rmfeeney@lewisjohs.com

 

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