Insurance Contracts May Shorten Statutes of Limitation

DONALD CHILL ET AL. v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY
Court: TN Court of Appeals

Attorneys:

A. Wayne Henry, Loudon, Tennessee, for the appellants, Donald Chill and Martha Chill.

John T. Johnson, Jr. and Brandon L. Morrow, Knoxville, Tennessee, for the appellee, Tennessee Farmers Mutual Insurance Company.

Judge: SUSANO

Donald Chill and his wife, Martha Chill, brought this action against their homeowner’s insurance carrier, Tennessee Farmers Mutual Insurance Company (“Insurer”), alleging breach of contract by virtue of its refusal to pay for their loss caused by an earthquake. The insurance policy required suit to be brought within one year of the loss. The Chills filed their complaint almost seven years after the loss and over three and a half years after the Chills refused to accept Insurer’s offer to settle the claim for $88,086.49. The trial court granted Insurer’s motion for judgment on the pleadings on the ground that the lawsuit was not timely filed. Plaintiffs appeal. We affirm.

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