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The codified statutory limitation for breach of contract in Kentucky is 10 years. 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 law allows insurers to shorten the time suit must be brought to as short as one year from 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 tornado victims in Kentucky may have until December 10, 2022, to file suit regardless of when they 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 as soon as possible in order to not risk having their lawsuit barred by the statute of limitations. Even if you think your claim is closed or settled we still may be able to help. Call us today for a free case review. You only pay if we win.
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