Finding damage starts statute of limitations. (homeowners' insurance policy)

National Underwriter Property & Casualty-Risk & Benefits Management, October, 1990 by Dauer, Christopher

Finding Damage Starts Statute Of Limitations A circuit court in California has upheld a ruling that the statute of limitations in a homeowners policy begins to run when the damage is discovered, even if the cause of damage is unknown. The 6th District Court of Appeal in California ruled that Bloomington, Ill.-based State Farm does not have to provide coverage to Joyce Jekot, a homeowner who discovered her home was built on unstable landfill.

Ms. Jekot attempted to establish a "discovery rule" under which her policy's one-year statute of limitations would not begin until she discovered the cause of her home's problems, which included cracked walls and ceilings. The 6th District decision affirmed a ruling by Santa Clara County Superior Court Judge Marc...

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