Ohio Insurance Claim Limitations to File a Lawsuit

Ohio allows insurance companies to shorten the statute of limitations to file a lawsuit to those stated within the policy terms. The Ohio Supreme Court has upheld a contractual one-year time limitation on a property insurance claim arising from a tree falling on a house:1

After viewing the record in a light most favorable to Dominish, which we must do when reviewing a case that was decided on summary judgment, we conclude that Nationwide offered to pay for the part of the claim it deemed itself liable for, that it denied all other claims, that it had a limitation-of-action clause in its policy, that it informed Dominish of the clause, that it asserted the clause at every possible instance, and that Dominish was not induced to forbear filing suit by anything that Nationwide did. Accordingly, we conclude that Nationwide did not waive its right to enforce the limitation-of-action clause.

Ohio follows the rule that an insurer may waive the insurance policy suit limitations clause:

An insurance company may be held to have waived a limitation of action clause in a fire insurance policy by acts or declarations which evidence a recognition of liability, or acts or declarations which hold out a reasonable hope of adjustment and which acts or declarations occasion the delay by the insured in filing an action on the insurance contract until after the period of limitation has expired.

Ohio policyholders suffering a loss should check the policy to determine the suit limitation clause in the policy. If the time period has already passed, policyholders should seek legal advice to determine if a waiver can be proven. 

Thought For The Day 

Ohio claims they are due a president as they haven’t had one since Taft. Look at the United States, they have not had one since Lincoln.

—Will Rogers

1 Dominish v. Nationwide Ins. Co., 129 Ohio St. 3d 466 (Ohio 2011).