A Misrepresentation of Fact May Estop an Insurer From Relying on the Suit Limitation Defense

Summer 2002

Reprinted with permission by the Journal of Insurance Coverage. 

After an insured gives notice of a loss, the insurer usually sends a representative to the loss site to, among other things, ascertain the extent of the covered damages. In some cases, the representative will conclude, and then tell the insured, that the loss falls below the policy deductible. Assume that a year or more later (after the policy's suit limitation period has expired) the insured discovers that the damage actually exceeds the deductible. Is the insured's claim now barred by the policy's suit limitation provision?

The articles on our website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the views or official position of Robins Kaplan LLP.


Scott G. Johnson


Chair, Minneapolis Insurance Group

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