§ 3663. Minimum limitation on actions; void policy provisions
A policy of fire, life, accident, liability, or burglary insurance, or an indemnity,
surety, or fidelity contract or bond issued or delivered in this State by an insurance
company doing business herein, shall not contain a condition or clause limiting the
time of commencement of an action on such policy or contract to a period less than
12 months from the occurrence of the loss, death, accident, or default, nor a condition
or clause making an award by appraisers, fixing the amount of loss by the insured
or beneficiary in such policy or contract, a condition precedent to bringing or maintaining
an action on such policy or contract. Any such conditions or clauses shall be null
and void. (Added 1967, No. 344 (Adj. Sess.), § 1 (ch. 1, subch. 13, § 3).)
Cindy Brillman v. New England Guar. Ins. Co., Inc., 2020 VT 16 (Vt. 2020). · cites it 3דHere, under either party’s interpretation, the provision is consistent with the applicable Vermont statute, which allows insurance policies to contain a condition limiting the time to commence suit as long as the time period is not “less than 12 months from the occurrence of the…”
Gilman v. Maine Mut. Fire Ins., 2003 VT 55 (Vt. 2003). “Gilman’s suit against Maine Mutual was filed more than thirty-four months after the date of the loss and over two years after final payments on the claim were made. Thus, appellants’ claim was untimely under the clear and unambiguous language of the policy.”
Greene v. Stevens Gas Serv., 2004 VT 67 (Vt. 2004). “8 V.S.A. § 3663 (emphasis added). On its face, the statute would not invalidate the two-year limitation clause before us, at least with respect to actions “on such policy or contract.”
Hebert v. Jarvis & Rice & White Ins., Inc., 365 A.2d 271 (Vt. 1976). “2d 182 (1949); 8 V.S.A. § 3663. Moreover, it is clear that summary judgment may be granted a moving party where the opponent asserts a claim barred by the statute of limitations.”
Hicks v. Liberty Mut. Grp., Inc. (Vt. Super. Ct. 2010). · cites it 3דVermont insurance law provides that homeowners’ insurance policies may not include a provision “limiting the time of commencement of an action on such policy or contract to a period less than 12 months from the occurrence of the loss, death, accident or default.”
JLD Props. of St. Albans, LLC v. Patriot Ins. Co. (D. Vt. 2021). “Under Vermont law: A policy of fire, life, accident, liability, or burglary insurance, or an indemnity, surety, or fidelity contract or bond issued or delivered in this State by an insurance company doing business herein shall not contain a condition or clause limiting the time…”
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