In sum, the period of limitation landscape is treacherous. Policyholders who sit on their right to sue stand at risk of losing it. But it is not always clear when the period of limitation begins to run. (Credit: Photocreo Bednarek/Adobe Stock)
COVID-19 may have arrived in different parts of the country at different times, but it infected the American psyche all at once on March 13, 2020, when — confronted with the preceding days' news of Tom Hanks' recent positive test and the NBA's decisions to suspend the remainder of the season — America shut down for (a planned) two weeks to "slow the spread." With the two-year anniversary of Friday, March 13, 2020, upon us, a new question arises: How long do policyholders who have not yet filed a COVID-19 recovery lawsuit have to file one? The answer — as with most legal questions involving insurance, which is governed by state law — varies by jurisdiction and based on the language used in the specific policy.
The pandemic raced across the country, impacting not only people but also property. In response, commercial property policyholders filed insurance claims for their losses arising from COVID-19. The insurers denied coverage, many policyholders sued, and litigation continues across the country. Some policyholders, though, have taken a wait-and-see approach and are now deciding whether and when to sue. The time for waiting may soon end.
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