Suit Questions Enforceability of One-Year Policy Deadline For 'Starting Action' Against Insurance Company
Dennis J. Dominish v. Nationwide Insurance Company, Case no. 2010-1431
11 th District Court of Appeals (Lake County)
* Is language in a homeowners' insurance policy requiring that "any action" against the insurance company "must be started within one year after the date of loss or damage" ambiguous regarding whether the one-year time limit applies to filing a claim with the insurer or to initiating a lawsuit against the insurance company?
* If an insurance company sends a letter to a policyholder more than one year after the date of the policyholder's loss or damage in which the company offers to review and possibly adjust an unresolved claim, does that communication constitute a waiver by the insurance company of a one-year limit in the policy for the policyholder to file a lawsuit against the insurer?