Legal Question in Business Law in California
Business Insurance
What is the statute of limitations for an insurance company to collect a deductible on a general liability insurance claim?
Asked on 6/25/08, 6:49 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Business Insurance
Since this would be an obligation based on a writing (the policy and the claim), I'd say four years after the insurance company's right to recollect the deductible arose, i.e. four years after they paid the claim or four years after it discovered (or should have discovered) that it was entitled to the deductible, whichever occured last. This response is "off the top of my head," and there may be a more specific (and different) limitations period buried in the Insurance Code, so treat this as what it is, an educated but unresearched guess.
Answered on 6/25/08, 7:52 pm
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