Time to sue exhausted

[Cool]

What is the name of your state?CA
I was going to go to small claims for my renter insurance company but I read their last letter to me and it said I had 1 year to sue and it’s been 2 years. They say that is in the policy. Since it’s been 2 years it seems I have no recourse. I saw 4 other renters had the same issue as me so when I found out I was victim 1 of 5 that made me want to seek justice but it’s too late. Is there any recourse for the 1 year deadline?

 

[Taxing Matters]

What is the name of your state?CA
I was going to go to small claims for my renter insurance company but I read their last letter to me and it said I had 1 year to sue and it’s been 2 years. They say that is in the policy. Since it’s been 2 years it seems I have no recourse. I saw 4 other renters had the same issue as me so when I found out I was victim 1 of 5 that made me want to seek justice but it’s too late. Is there any recourse for the 1 year deadline?

I'd have to read the full policy and know the details of your claim against the insurance company to know what the one year period in the contract covers. If the problem is that the insurance company breached the contract by refusing to pay out for a covered claim, the statute of limitations is 4 years in California. Some states do not allow the SOL to be shortened in consumer contracts. I don't know if CA is one of them.

 

[zddoodah]

I was going to go to small claims for my renter insurance company

What does this mean? Are you saying that you want to sue an insurance company in relation to a renter's insurance policy? If so, why? Is the policy still in force? If not, when was it cancelled?

but I read their last letter to me and it said I had 1 year to sue and it’s been 2 years.

Two years since what? Also, I can write any number of crazy things in a letter. Doesn't make them true.

They say that is in the policy.

What's in the policy? Is it true?

I saw 4 other renters had the same issue as me

Where did you see this?

 

[Cool]

What does this mean? Are you saying that you want to sue an insurance company in relation to a renter's insurance policy? If so, why? Is the policy still in force? If not, when was it cancelled?




Two years since what? Also, I can write any number of crazy things in a letter. Doesn't make them true.




What's in the policy? Is it true?

Police reports and Yelp.


Where did you see this?

 

[Cool]

2 years since lost reported. Will read policy tomorrow.

 

[quincy]

2 years since lost reported. Will read policy tomorrow.

Why do you want to sue? You reported a loss to your agent two years ago and coverage was denied?

Reading your policy is important to know for what reason your insurer says you can no longer sue - but knowing for what reason you want to sue two years after your loss is also important.

 

[adjusterjack]

2 years since lost reported. Will read policy tomorrow.

I am a retired property claims adjuster.

The standard renter's policy is an HO-4.

One of the general conditions toward the end of the property section is:

Suit Against Us
No action can be brought against us unless there has been full compliance with all of the terms under Section I of this policy and the action is started within two years after the date of loss.

It's not from the date the loss was reported it's from the date the loss occurred.

Yes, read your policy and find that section to see if the adjuster is right. Insurance companies often have proprietary policy forms that change some things around.

According to a California attorney's website (which I am forbidden to link to), the policy (contract) terms trump the 4 year statute of limitations for breach of a written contract.

Before I go any further I would like to know what that letter said. Please quote it word for word in its entirety.

 

[quincy]

... Before I go any further I would like to know what that letter said. Please quote it word for word in its entirety.

If the letter is quoted, all personal identifying information should be redacted. Real names should be excluded/deleted/blacked out.