Many insurance policies contain time limitations for presenting claims, some policies contain one year time limitations, not all policies are the same. If there is not a time limit in the policy, generally, you would have four years to bring a breach of contract claim for benefits under the policy.
Generally, if there is no time limit (suit provision) in the policy you would have 2 years from the denial or bad faith conduct to bring a bad faith claim.
However, if there is a contractual time limit in the policy, i.e. a 1 year suit provision, suit should be filed for bad faith conduct prior to that 1 year period running. This can be a very, very complicated area and there can be considerable dispute over when a claim has been denied and when the statute runs.
If you have an insurance claim and it is not being promptly resolved, do not hesitate to contact the insurance company and ask them what the statute of limitations is on your claim and ask them what the time requirements are for filing a lawsuit in the event you are not able to amicably resolve your claim with them.
Make sure that you ask the insurance company to put the time limits in writing for you so there will be no misunderstanding. If the time limit is approaching and you cannot resolve your claim directly with the insurance company, promptly seek the advice of an attorney.
Do not let the time pass for you to bring a claim. If you have any questions regarding time limits, seek the advice of counsel. If you have a claim you are unable to resolve on your own feel free to contact our office for a free consultation. If you call our office please let them know that you obtained our name through the Internet and ask to speak directly with one of the attorneys to discuss your legal problem.