Accrual of 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.
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.