Long Beach, CA asked in Insurance Bad Faith and Contracts for California

Q: If a complaint with California Department of Insurance had been filed, will this toll the contractual statutory

period of an home insurance company ?

1 Lawyer Answer
Neil Anapol
Neil Anapol
  • Insurance Claims Lawyer
  • Burbank, CA
  • Licensed in California

A: Filing a complaint with the California Department of Insurance does not toll the contractual statute of limitations. However, the contractual statute of limitations is tolled during the time the claim is open. Therefore, the statute begins to run when the event triggering the claim occurs. It is then tolled from the time you make the claim (usually right after the occurrence) until the insurance company puts you on notice that the claim is closed. Usually, you will get a letter from the insurance company stating the claim is closed, if you disagree you can file a complaint with the Department of Insurance, and citing the one-year contractual statute of limitations and "suit against us" clauses.

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