Bad Faith Property Claim

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Bad Faith Property Claim

Situation
Initiated claim for burglary against my renters insurance 9/7/18 in Arizona. I
provided insurance all requested documents via fax within 60 days of their
request. The claim examiner sent several letters via email, one of which
appeared to acknowledge acceptance of some of the information. I’ve made
numerous attempts to contact claim examiner with no response and no denial.
There is a 1 year limitation of bringing action against the Insurance company
passed by several weeks, however the state regulation is 2 years. I have been
out of country for last 9 months tending to my wife while she is continuing
medical treatment in Canada.
Question
My question is to this 1 yr limitation in my contract.
How strict is this held to?
What extenuation circumstance for which this would still be acknowledged by
courts?
Who would decide this?
How would I establish my circumstance as reason for this delay in filing suit?

I greatly appreciate your time in responding.
Regards
Nick

Asked on September 22, 2019 under Insurance Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Contractual limitations on pursuing claims are generally strictly enforced: you agreed to them in the contract (i.e the policy), after all. The fact that your wife was undergoing medical care in Canada will not likely provide a legal basis to extend this time, since there is no reason you could not have filed a claim from Canada, either yourself or by hiring an AZ lawyer to file it for you--i.e. being with her for medical care would not prevent bringing the claim on a timely basis.


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