How long do I have to file for a homeowner’s insurance catastrophe claim?

My insurance company will not let me file a homeowner’s claim from an event that happened just over a year ago. They say that their company policy does not allow for a claim to be filed for a date of loss more than a year old. Is some sort of state law that prohibits such behavior? Is there some sort of statute of limitations that dictates this?

Asked on October 17, 2011 under Insurance Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so this is what you need to do here.  First, we need to read your insurance policy to see what language is in there that relates to this issue.  In fact, I would ask the insurance company - in writing - to direct you to the provision that they are referring to.   At the same time I would contact your State Department of Insurance and ask if there is a provision in Arizona law that so limits your right. Some states do have them but they are more like two years not one.  Your policy is a contract with your insurance company and absent an agreement in the policy (which I might have real doubts with if it is not in type you can read or in a conspicuous place or really, really, clear and to the point), contract law applies.  Good luck.


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