Suit Limitation Provision Upheld

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The one-year limitation was not tolled due to either fraudulent concealment or equitable principles.

March 4, 2019
Tred R. Eyerly - Insurance Law Hawaii

The policy's one year suit limitation provision was upheld, depriving insureds of benefits under the policy. Oswald v. South Central Mut. Ins. Co., 2018 Minn. App. Unpub. LEXIS 1077 (Dec. 24, 2018).

The Oswalds' hog barn burned down on June 21, 2016. Arson was a possible cause.

The Oswalds were insured under a combination policy issued by North Star Mutual Insurance Company and South Central Mutual Insurance Company. Central provided coverage for basic perils, broad perils, and limited perils, which included fire losses. The Central policy required property claims to be brought within one year after the loss. By endorsement, the North Star policy required suits be brought within two years after the loss. Presumably, the claims was denied, although the decision does not state this.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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