Accrual & Private Limitation
If the insurer is to apply the private limitation of action provision as a bar to claims it must resolve, to the same degree of certainty that the Court of Appeal found in the C & H Foods case, when the right to make a claim against the insurer accrued. This has always been a difficult matter in claims of progressive and continuing losses, especially in situations with “normal” settlement damages, because the insured invariably ignores the “normal” damages and therefore cannot advise when such damages first appeared or when the loss first manifested itself. A loss due to slow and invisible (to the naked eye) movement of the earth is difficult to pinpoint with a degree of certainty. Small signs add up, however, until, at some point, there is no question that damage exists.
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