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A federal district court in Georgia has refused to dismiss as untimely a lawsuit against State Farm Fire and Casualty Company alleging that it failed to pay for “diminished value” under a homeowners' insurance policy. The court found that the plaintiffs had plausibly alleged that the insurer had waived the policy's one-year suit limitations period. This is the second recent district court decision to reach this conclusion.
The case
Tonya and Jason Long filed a lawsuit against State Farm Fire and Casualty Company on behalf of themselves and others similarly situated for State Farm's alleged refusal to assess and pay for diminished value when its insureds claimed losses covered under their State Farm homeowners' insurance policies.
According to the Longs' complaint, on April 28, 2014, their home “suffered wind and/or hail damage,” an event that was covered under their State Farm homeowners' insurance policy. The Longs timely reported the loss to State Farm, and State Farm adjusted their claim, authorized repairs, and subsequently paid certain repair costs.
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