What can I do about a bad faith property claim?
Question Details: I initiated claim for burglary against my renters insurance a year ago. I provided all requested documents via fax within 60 days of their request. The claim examiner sent several letters via email, one of which appeared to acknowledge acceptance of some of the information. I've made numerous attempts to contact claim examiner with no response and no denial. There is a 1 year limitation of bringing action against the Insurance company passed by several weeks, however the state regulation is 2 years. I have been out of country for last 9 months tending to my wife while she is continuing medical treatment in Canada. Regarding this 1 year limitation in my contract, how strict is this held to? Additionally, what extenuating circumstances would still be acknowledged by courts? Also, who would decide this? Finally, how would I establish my circumstance as reason for this delay in filing suit?
Contractual limitations on pursuing claims are generally strictly enforced: you agreed to them in the contract (i.e the policy), after all. The fact that your wife was undergoing medical care in Canada will not likely provide a legal basis to extend this time, since there is no reason you could not have filed a claim from Canada, either yourself or by hiring an AZ lawyer to file it for you--i.e. being with her for medical care would not prevent bringing the claim on a timely basis.