Legal Question in Insurance Law in Texas

what is the statue of limitations for suing an insurance company who denied an appeal? This is a medical stop loss policy. THanks


Asked on 12/16/09, 6:31 pm

1 Answer from Attorneys

Heather Kubiak The Kubiak Law Firm PLLC

I don't have enough information to answer your question, but offer the following:

In Texas, the statute of limitations for a breach of contract, which is usually the cause of action for a denial of an insurance claim, is four years.

The statute of limitations for "bad faith" which is when you allege that the insurance company denied the claim knowing that it should be paid, is two years.

Sometimes, however (and typically this is in property policies), the insurance policy itself will shorten the statute of limitations.

Although I cannot answer your information exactly without more information, I hope this information helps you.

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Answered on 12/22/09, 5:20 am


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