“I’ve missed my filing deadline, do I have a valid reason for tolling?”

Originally published by Jason Cieri.

As attorneys for first-party property claims, we must vet through claims to see if we can be “The Policyholder’s Advocate” on any case. Some of the initial questions I ask a potential client are: 1) When was the date of loss? 2) When did you notify the carrier? 3) How and when did you notify the carrier of the amount of damages you are seeking? 4) Does your policy have a provision limiting the time for you to file a lawsuit?
I’ve handled many cases that would’ve been great cases had it not been for a lapse in the notice provision or the statute of limitations. For those that don’t know, the notice provision requires the insured to notify the carrier of the loss claimed (usually through a sworn proof of loss) within a specified amount of time after the loss (usually 60 days). For more information on the notice provision in your specific state please read blog posts from Charles Mathis, Rob Trautmann, Denise Sze and other Merlin attorneys. The statute…

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