Originally published by Shane Smith.
On November 30, 2016, the Fifth Circuit Court of Appeal affirmed an order by the Northern District of Texas granting summary judgment for State Farm that an insured’s breach of contract claim was time barred under the limitations clause in the policy and by statute, because it accrued as a matter of law when State Farm first closed its claim file.1
Here are some of the key dates and facts:
May 2012: Insured filed claim with State Farm for property damage caused by hail and wind storm in April 2012.
May 2012: State Farm sent adjuster to inspect property. Adjuster noted there were deteriorating shingles on the rear slope of the roof and “evidence of small hail on an aluminum vent cap.” The adjuster also noted that the “[h]ail was too small to damage the shingle” and that some minor damage caused by an overhanging tree constituted a maintenance issue excluded under the insured’s policy. Thereafter the adjuster informed the insured that the…
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