Everything listed under: statute of limitations

  • Statutory Fire Policy and Time to Sue Limitations

    Question: Can an insurance company assert a 1-year statute of limitations (SOL) on a property policy prior to the client hiring an attorney?Answer: There is a provision in the Unfair Claim Settlement Practices Act which requires the insurance company to notify the unrepresented insured or claimant of an upcoming statute of limitations. There are a few cases around the country (but none in Oklahoma) that failure of the insurance company to comply with this requirement estops the insurance company...  Read More...

  • Statute of Limitations on Auto Comprehensive Coverage Claim

    I have a claim for property damage under my client's policy and an uninsured motorist claim. What is the statute of limitations for the property damage claim against my client's carrier?  Read More...

  • Do settlement discussions/assurance toll the SOL?

    Do settlement discussions toll the SOL on claims/cases (at least outside of the OGTCA)?  Read More...

  • Federal Tort Claim statute of limitations/notice

    Can you tell me the time frame on a Federal tort case for notice, etc.?  Read More...

  • Joint and Several Liability

    I have a case that was filed before Nov. 1, 2011, but I added two parties to the lawsuit after Nov. 1 2011, with an amended petition. Since then I have settled with the party I filed suit against before Nov. 1, 2011, but not with the two parties I added to the petition after Nov. 1, 2011. My question is does the 2011 joint and several law apply to the these parties, or the 2004 joint and several law apply to them? Defense counsel is arguing that it does not apply to them since they were brought into the suit after Nov. 1, 2011.  Read More...

  • Which SOL applies?

    Client terminated in March 2011 for alleged violation of Oklahoma Drug Testing Act. In March 2011, the Act allowed for civil actions for violations of the Act filed with 2 years of termination. 40 OS 563. This would give client until March 2013 to file suit. In November 2011, the Act changed to only 1 year SOL. This would give client until March 2012 to file suit.

    So which SOL applies??? Since the cause of action arose BEFORE the Nov 2011 change, should client get to use the previous substantive law??  Read More...

  • Oklahoma's Savings Statute in Federal Court

    Does Oklahoma's savings statute apply to diversity cases in federal court?  Read More...

  • Filing Suit After Death of Client

    I have an auto wreck who later died from causes unrelated to the wreck. Thestatute of limitation is about to run so I need to file suit, but don’t have time to get personal representative appointed. If I name the daughter as next of kin and file suit can I later substitute once the daughter gets appointed?


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  • Will naming John Doe defendant protect statute of limitations?

    I’m have to file suit in a day or so to protect statute of limitations and have a defendant that I can’t yet identify. Does naming a John Doe defendant protect the statute of limitations?   Read More...

  • Briefing Issue of Statute of Limitations and Public Nuisance/odor

    What is the statute of limitations for a public nuisance/odor issue that is a continuing harm?  Read More...

  • Life Insurance Dispute Question

    Teacher employed with school district, covered under group life ins. policy, with son as beneficiary. Son was not aware of the life insurance policy. Year and a half after father’s death, son discovers policy. Insurer denies son’s claim citing 1 year, 90 day limitation on claims. Is this a valid provision?  Read More...

  • State Law on tribal property

    Does Oklahoma’s statute of limitations apply where two private individuals are involved in an accident on tribal property?  Answer: I think so, although I don’t know of a case squarely holding that. The closest authority to that issue is probably Montana v.   Read More...

  • Brief on Statute of Limitations from Notice not Date of Incident

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