Oakley, CA asked in Contracts and Insurance Bad Faith for California

Q: what is the statue of limitation if I want to take my insurance company to small claim court?

I had mortgage disability once with state farm,I had surgery in aug/2014 and became disable,then filed in my claim with the insurance company in oct/2014,and in jan/2015 the insurance company denied to pay because it was pre-existing condition,dose still the statute of limitation law allow me to take this insurance company to a small claim court or not and is too late?

1 Lawyer Answer

Thomas A. Grossman

  • Palm Springs, CA
  • Licensed in California

A: In most cases the statute of limitations on a claim against your own insurance company for bad faith is one year (one year from the date of the bad faith). Sometime, it can be two years depending on the facts. I am not sure if he Small Claims Court handles insurance bad faith cases, but you may have already gone past the statute of limitations. You can get information on filing small claims cases from the nearest Superior Court in your County.

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