[WSBARP] Statute of Limitations on Insurance Claims

[Mark Anderson]

Generally, the terms of the client's insurance contract should control.  Under RCW 48.18.200, an insurance contract cannot limit "a right of action against the insurer to a period of less than one year from the time when the cause of action accrues.  In contracts of property insurance, or of marine and transportation insurance, such limitation shall not be to a period of less than one year from the date of the loss."
In the absence of any tolling agreement, the absolute latest deadline by which a claim must be made against another party is governed by RCW 4.16 (statutes of limitation).
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dave Culbertson
Sent: 01/26/2023 11:30 AM
To: solo-and-small-practice-section at list.wsba.org; creditor-debtor-section at list.wsba.org; wsbapt at lists.wsbarppt.com; wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Statute of Limitations on Insurance Claims

Hi, Listmates.
I'm helping a client make a claim under an insurance policy-their business was damaged by a neighboring business springing a leak and flooding into their store.
What if any statutes of limitation or administrative rules in WA affect the time in which a claim can be made under an insurance policy in WA? I don't think we have a problem because the events happened within the last year, but I'd like to make sure.


Best Regards,

Dave Culbertson

The Law Office of Davisson Culbertson
PO 20403
Seattle, WA 98102

Phone: (206) 478-8134
FAX: (866) 867-7796
dculbertson at culbertsonlawoffice.com<mailto:dculbertson at culbertsonlawoffice.com>



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