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ARTICLE · 11 DECEMBER 2017

North America - December 6th, 2017

North America based Clyde & Co lawyers answer important questions in the Reinsurance industry.

GlobalInsurance

New York

(1) When does the limitation period start to run for insurance contract?

The laws concerning limitation vary from state to state. For New York, the six year limitation period will start to run from the date of accrual of the cause of action. This will be the date on which the insurer denies coverage.

(2) When does the limitation period start to run for reinsurance contracts?

The six year limitation period will run from the date the reinsurer denies coverage.

(3) Can the limitation period be suspended and/or interrupted, and if so, how?

The parties can enter into a tolling agreement, suspending the limitation period. 

(4) Can the express terms of the insurance policy and/or reinsurance contract have the effect of altering the start date for the limitation period?

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