Case Notes
See also notes at end of this chapter.
Section requires suit for breach of contract to be filed within two years after receipt by claimant of last benefit payment. 794 F. Supp. 1012.
Statute of limitations in §294-36 (this section’s predecessor) applied to underinsured motorist benefits claim. 847 F. Supp. 787.
Summary judgment granted in favor of defendant with respect to any claim seeking to recover underinsured motorist benefits under automobile insurance policy, where any claim regarding underinsured motorist benefits, including the bad faith denial thereof, was barred by the limitations period set forth in this section (pre-1997 amendment). 11 F. Supp. 2d 1204.
A claim for uninsured motorist benefits, proffered within the period prescribed by the governing statute of limitations as set forth in §294-36(a) (this section’s predecessor), will toll the running of the statute until such time as the claim is denied. 88 H. 284, 965 P.2d 1284.
For purposes of §294-36(b)(2) (§431:10C-315(b)(2)'s predecessor), uninsured motorist benefits constitute "optional additional benefits". 82 H. 535 (App.), 923 P.2d 952.
Where plaintiff's first amended complaint was filed less than two years after payment to plaintiff of optional additional benefits (uninsured motorist benefits), action not barred by §294-36(b)(2) (§431:10C-315(b)(2)'s predecessor). 82 H. 535 (App.), 923 P.2d 952.
Claim for motor vehicle no-fault benefits made but unresolved before end of two-year period following last payment of no-fault benefits tolls §294-36(a)(2) statute of limitations (predecessor to this section) as it applies to §294-32 (predecessor to §431:10C-213) demands for arbitration of disputed no-fault claims. 86 H. 357 (App.), 949 P.2d 197.
For purposes of §294-36(a) (this section's predecessor), underinsured motorist benefits constituted "optional additional benefits" such that §294-36(a) applied to underinsured motorist claims. 86 H. 373 (App.), 949 P.2d 213.
Section 294-36(a) (this section's predecessor) applies to both first-party and third-party insurer bad faith claims. 86 H. 373 (App.), 949 P.2d 213.
Section 294-36(a)(4) (this section's predecessor) does not apply to first-party insurer bad faith claims. 86 H. 373 (App.), 949 P.2d 213.
Where plaintiff's uninsured motorist claim was not brought within time limitations of §294-36(a)(2) (this section's predecessor), plaintiff's accompanying bad faith claim was also time barred. 86 H. 373 (App.), 949 P.2d 213.