Court Rules that One-Year RCV Deadline is not Always Enforceable

On behalf of Roeder Smith Jadin, PLLC posted on Thursday, November 16, 2017.

RSJ attorney Tim Johnson recently won another important insurance case.  In Anderson v. American Family, the homeowner’s insurance policy required that she complete the repairs to her hail damaged house within one year of the storm.   Because of circumstances outside of her control, including delays caused by the insurance company, she was unable to complete the work within one year.  The insurance company therefore refused to pay the full cost to repair her home.

Out of options, the homeowner hired RSJ to pursue her claim.  RSJ argued that the policy’s one-year deadline was unenforceable and that the homeowner should be entitled to the full benefits available under her policy.  Ultimately, the issue went before the Hennepin County District Court. The Court heard arguments from both parties on a motion for summary judgment and agreed with RSJ.  The Court found the insurance company was wrong to deny the homeowner full replacement cost coverage and ordered the insurance company to pay it in full.

This is an important decision for policyholders facing unreasonably short deadlines.  It is still the best practice to complete work within deadlines when possible, but for those homeowners who cannot meet them through no fault of their own, they should not get denied benefits.  If your claim is facing a deadline you cannot meet, or you were already denied benefits, call RSJ today.

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