Equitable Tolling – 2
It is axiomatic that the law abhors forfeitures, and the private limitation of action provision in the policy works a forfeiture on the less than diligent insured. It is a legitimate and understandable forfeiture, however, that makes logical sense. It is not, as lawyers for insureds would have the courts believe, a trap for the unwary, but rather a door closed on the slothful.
The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog. The information provided is not a substitute for the advice of a competent insurance, legal, or other professional. The Information provided at this site should not be relied on as legal advice. Legal advice cannot be given without full consideration of all relevant information relating to an individual situation.