The One Year Statute of Limitations for December 10th Tornado Claims Is Fast Approaching – Unknowingly to Some Policy Holders. 

The normal statutory limitation for which a lawsuit must be filed for breach of contract is 10 years in Kentucky.  See KRS § 413.160. However, Kentucky also has a public policy favoring the shortening of the statute of limitation for which a lawsuit for breach of an insurance contract must be brought. Barjuca v. State Farm Fire and Cas. Co., 2013 WL 6631999…(citing Webb v. Kentucky Farm Bureau Ins. Co., 577 S.W.2d 17, 18 (Ky. App. 1978) “‘Kentucky law has long recognized the validity of insurance contract provisions requiring as a condition to sue that the action must be commenced within the time specified by the policy.”

Kentucky limits the minimum time an insurer may require a suit to be brought to at least one year when the cause of action accrues. See KRS § 304.14-370: “No conditions, stipulations or agreements in a contract of insurance shall deprive the courts of this state of the jurisdiction of actions against foreign insurers, or limit the time for commencing actions against such insurers to a period of less than one (1) year from the time when the cause of action accrues.”

The courts have interpreted the time when the cause of action accrues to mean the date of loss. This means a policyholder in Kentucky may have as short as 1 year from the date of loss to file suit regardless of when the policyholder discovered the damage or when the claim was denied. Much of the areas decimated by the tornadoes that ravaged western Kentucky haven’t even begun to rebuild. It is crucial for policyholders to be aware of the statute of limitation set by their policy and give themselves enough time to hire an attorney to file suit well before the statute runs. 

Policyholders who still haven’t resolved their insurance claim should consult an attorney now and not wait till the eve of the deadline in order to not risk having their lawsuit barred by the statute of limitations. Many Plaintiff firms such as Boggs Law Group offer free claim reviews with no obligation to sign up. If you’re not satisfied with your insurance company you should take advantage of this free service.