Legal Question in Insurance Law in New York

Statue of Limitations for Insurance Company Reclaims

We filed claims with an insurance company and they paid them a couple of years ago. Now we find out that we were not covered by that company at the time. What is the statue of limitations where they can ask for the money back? Thank you


Asked on 7/14/04, 10:12 am

2 Answers from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Statue of Limitations for Insurance Company Reclaims

The statute for money had and received is six years, measured from the time of payment.

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Answered on 7/14/04, 10:15 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Statue of Limitations for Insurance Company Reclaims

6 years as are all contracts. However, if you wish to provide additional information, such as the nature of the claim and why the company is saying they didn't owe you payments, I would be happy to assist. It is unusual for an Insurance company to accidentally pay claims to someone who isn't an insured.

If there was no Insurance contract then the statute of limitations might be different. Also, if it is someone else's auto insurance, or a claim that your policy had not gone into effect yet, there are various arguments that can be made to prevent them from doing what you describe.

In New York, Insurance Companies are held to a very strict interpretation of what they do and why they say they are doing it.

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Answered on 7/14/04, 3:56 pm


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