Statute of Limitations – the time that is set after an event that allows a legal proceeding to be initiated. Miss it when you are looking to file an insurance claim or lawsuit and you are out of luck.
When I think of statutes of limitations (SOL), I think of them as being static or non-changing. It seems rare that you hear about a new cause of action being introduced or legislated that allows a new type of claim to be brought so you may be lulled into thinking that this area of the law doesn’t change all that often. Looking back over the year, however, I’m struck and surprised by the number of changes that have occurred that affect or impact a person’s or entity’s ability to successfully file a claim. For example:
- Illinois – the time for which to start an action for personal injury due to childhood sexual abuse has been increased to 20 years from the time the person reaches the age of 18 or of the date the person discovered or should have discovered the abuse. (735 ILCS 5/13-202.2)
- California – the SOL on specific actions to recover works of art from museums, galleries, auctioneers or dealers of fine art unlawfully taken or stolen was extended from 3 years of the discovery of certain information to 6 years. (CP s 338)
- Missouri – the SOL to recover damages for a land survey has increased from 5 to 10 years. (516.098)
- New Mexico – the time within which to begin an action to recover for damage for personal injury or death due to negligence of any city, town or village has been increased from1 to 2 years. (37-1-24)
- Connecticut – the SOL for bringing asbestos related product liability claims has been increased from 60 years to 80 years after the claimant’s last contact or exposure to asbestos. (52-577a)
- Alabama – the time within which to bring an action against architects or engineers for a defect or deficiency in design has been shortened in certain circumstances from no more than 13 years after substantial completion of the project to no more than 7 years after substantial completion of the project (though it still must be commenced within 2 years of the damage, injury or death). Actions for breach of contract, likewise, had the SOL for commencing an action shortened from 13 to 7 years.
The above examples are just a sampling of the more interesting changes. All these changes, and more, have occurred over the past year in what continues to be an ever changing landscape of civil procedure requirements affecting insurance claims. Keeping current with these changes would be of paramount importance for attorneys and insurance professionals alike.
Editor’s Recommendation: Keep current with all the statute of limitation changes that can affect insurance policies with INsource and AuthenticWeb for Claims.
