One of the primary timing limitations found in a property insurance policy is the time limit for suit. Most residential property insurance policies in Minnesota have a time limit of only two (2) years from the date of loss. The 2-year time limit is both statutory and contract based. If a claim isn’t settled and a policyholder fails to file a lawsuit (note the deadline is to file a lawsuit, not just make a claim) within that time period, the claim will likely be barred.

In the recent decision of Cox v. Mid-Minnesota Mut. Ins. Co. et al, File No. 73 CV 15 11801 (Minn. Ct. App.) (May 20, 2019) the Minnesota Court of Appeals held that a policyholder’s claim was barred when they initiated suit just two days late after the two-year anniversary of the loss. The Cox decision serves to clarify what most attorneys dealing in insurance claims already know. If a policyholder does not properly commence litigation against the insurance company in Minnesota within two years of the date of the loss (i.e. the date of the event giving rise to an insurance claim), then the insurance company may have no obligation to pay the claim.

Smith Jadin Johnson routinely assists property owners with their property insurance claims for many different types of losses. One common cause of loss hail and wind damage and one of the most severe hailstorms on record in Twin Cities area occurred on June 11, 2017. The 2-year anniversary of that storm is fast approaching. If you have an unresolved insurance claim arising from that storm, you should take action to preserve your rights now before the time limit for suit expires. Contact our office today to discuss your claim.


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