Refusal to Allow For Equitable Tolling – 2
In those states where the equitable tolling doctrine is the law, insureds can rest comfortably knowing that regardless of the policy language, the private limitation of action provision is tolled from the date the loss is reported to the insurer until the insurer makes a decision with regard to the claim. Regardless of the few states that refuse to apply the doctrine of equitable tolling it is clearly a trend that is difficult to continue rejecting. Those cases that have rejected equitable tolling, did so because they considered it to be a minority position. Now that the majority of cases are applying the doctrine, it appears that position will change in favor of the use of equitable tolling.
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