Time to sue your insurer over a roof claim, state by state
The last day to go to court is the one deadline nobody can extend by asking. It is set by a statute, and in many states the policy may shorten it.
Short answer: 27 of the 28 states here have a statute or rule we could quote on the time to sue an insurer over a property claim. The periods differ by state and by type of policy, so there is no single figure to compare. In 25 of them more than one rule is in play, such as a fire-policy form, a hail rule or the general contract period, and a policy may shorten the time where the law allows it. Read the row for your state and your policy.
Shortest to longest
The rule in each state
| State | Period | Source and quote |
|---|---|---|
| Alabama read 2026-10-09 |
45 calendar days Insurer must warn an unrepresented claimant before the suit period runs out |
Ala. Admin. Code r. 482-1-125-.07(4)Said notice must be sent to any first-party claimant approximately forty-five (45) calendar days before the date on which said limitations period may expire.Applies on an unresolved claim affected by a statute of limitations, to a first-party claimant not represented by counsel (.07(4)). The rule does not set the limitations period itself. |
| 6 years Contract actions must be commenced within six years |
Ala. Code §6-2-34(4) and (9)The following must be commenced within six years: (1) Actions for any trespass to person or liberty, such as false imprisonment or assault and battery; (2) Actions for any trespass to real or personal property; (3) Actions for the detention or conversion of personal property; (4) Actions founded on promises in writing not under seal;The section lists actions on written promises (4) and simple contracts or specialities not otherwise enumerated (9). It does not name insurance policies; applying it to a property policy is an inference. | |
| 6 years Residual six-year period for contracts not otherwise listed |
Ala. Code §6-2-34(9)(9) Actions upon any simple contract or speciality not specifically enumerated in this section.Inference: a property policy is a written contract, so the six-year period likely applies unless the policy validly shortens it. | |
| Arkansas read 2026-10-09 |
30 working days before the time limit expires Send a written heads-up before a policy time limit or statute of limitations expires if you have no lawyer and talks are still open |
Ark. Ins. Dept. Rule 43 §9(d)Such notice shall be given to first party claimants at least thirty (30) working days and to third party claimants at least sixty (60) calendar days before the date on which such time limit may expire.This is an insurer duty, not the length of the suit period. Notice-of-limit rule effective Dec 1, 2015 (Rule 43 §4). |
| Colorado read 2026-10-09 |
3 years File suit on a property insurance contract claim within the general contract limitation period |
C.R.S. §13-80-101(1)(a)shall be commenced within three years after the cause of action accrues, and not thereafter: (a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;General three-year limit for contract actions; when the cause of action accrues (date of loss, denial or breach) is a matter of case law. Section 13-80-103.5 sets six years for an action to recover a liquidated debt or an unliquidated, determinable amount. Which of the two applies to a property claim is not settled in the statute text. Source: archive snapshot 2026-01-27 of official CRS 2024 Title 13 PDF (uncertified printout) |
| 6 years Six-year limit for actions to recover a liquidated debt or an unliquidated, determinable amount of money |
C.R.S. §13-80-103.5(1)(a)All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action,Shown only as the alternative limit named in §13-80-101(1)(a); the statute does not say whether a homeowner claim for policy benefits is a "determinable amount". Needs attorney review before it is shown as the property-claim limit. Source: archive snapshot 2026-01-27 of official CRS 2024 Title 13 PDF (uncertified printout) | |
| no fixed number A homeowner policy may not make you sue sooner than the statute of limitations allows |
C.R.S. §10-4-110.8(12)(b)On and after January 1, 2014, an insurer shall not issue or renew a homeowner's insurance policy that requires the policyholder to file suit against the insurer, in the case of any dispute, within a period of time that is shorter than required by the applicable statute of limitations provided by law.Colorado does NOT let a homeowner policy shorten the suit deadline below the statutory period (3 years under §13-80-101 absent another rule); paragraph (a) lets a homeowner use the full statutory period despite shorter policy language, except for causes of action already barred by contract on 2013-05-10. Added by HB 13-1225 (Homeowner's Insurance Reform Act of 2013), approved 2013-05-10. Source: archive snapshot 2026-08-04 of official CRS 2024 Title 10 PDF (uncertified printout) | |
| Florida read 2026-10-09 |
5 years Time to sue the insurer for breach of a property insurance contract |
Fla. Stat. §95.11(2)(e)(e) Notwithstanding paragraph (b), an action for breach of a property insurance contract, with the period running from the date of loss.Listed under subsection (2), "WITHIN FIVE YEARS" (see the heading fact). The period runs from the date of loss. A policy cannot shorten it (Fla. Stat. §95.03). |
| 5 years Heading of the subsection that contains the property insurance paragraph |
Fla. Stat. §95.11(2)(2) WITHIN FIVE YEARS. —Heading text only; the property-insurance paragraph is (2)(e). | |
| no fixed number A policy clause shortening the time to sue below the statutory period is void |
Fla. Stat. §95.03Any provision in a contract fixing the period of time within which an action arising out of the contract may be begun at a time less than that provided by the applicable statute of limitations is void.So a policy cannot cut the 5-year period for a breach-of-property-insurance-contract action. Notice of claim is separate and must still meet §627.70132. | |
| 10 business days before you sue Give the state a written notice of intent to sue before filing suit under a property policy |
Fla. Stat. §627.70152(3)(a)Such notice must be given at least 10 business days before filing suit under the policy, but may not be given before the insurer has made a determination of coverage under s. 627.70131 .Notice goes to the Department of Financial Services on its form and is a condition precedent to suing. The insurer must respond in writing within 10 business days (§627.70152(4)). Amended 2022 (ch. 2022-268 and 2022-271). | |
| 10 business days Insurer must respond in writing to your notice of intent to sue |
Fla. Stat. §627.70152(4)must respond in writing within 10 business days after receiving the notice specified in subsection (3).Response may be a presuit settlement offer or a denial. | |
| Georgia read 2026-10-09 |
no fixed number A policy may not set a suit deadline shorter than the Standard Fire Policy deadline |
Ga. Comp. R. & Regs. 120-2-20-.02shall contain a contractual limitation requiring commencement of a suit or action within a specified period of time less favorable to the insured than that specified in the "Standard Fire Policy"This confirms the rule's structure only: the minimum suit period is whatever the Commissioner's Standard Fire Policy (Rule 120-2-19-.01) says. Read from a Wayback copy (snapshot 2025-11-05). |
| Idaho read 2026-10-09 |
5 years File suit on a written contract such as an insurance policy |
Idaho Code §5-2165-216. Action on written contract. Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing.General limitation for written contracts. Whether it runs from the date of loss or from the insurer’s breach is a court question. web.archive.org snapshot 2026-06-18. |
| no fixed number Policy cannot restrict the time within which you may enforce your rights under the contract |
Idaho Code §29-110(1)Every stipulation or condition in a contract, by which any party thereto is restricted from enforcing his rights under the contract in Idaho tribunals, or which limits the time within which he may thus enforce his rights, is void as it is against the public policy of Idaho.General contract statute, not insurance-specific: by its words a clause limiting the time to sue is void. No Idaho Code provision found that lets a property policy shorten the suit period, and none found that sets a minimum. Whether courts apply this to policy suit-limitation clauses needs a lawyer. web.archive.org snapshot 2026-07-28. | |
| Illinois read 2026-10-09 |
12 months Standard fire policy form: a lawsuit on the policy must be started within 12 months after the inception of the loss. |
Illinois Standard Fire Policy (IDOI form), Suit; form designated as the state standard by 50 Ill. Adm. Code 2301.30unless commenced within twelve months next after inception of the loss.This is a policy-form term for fire and lightning policies, not a statute. Other-peril endorsements may contain inconsistent terms (50 Ill. Adm. Code 2301.60), and the period is tolled under 215 ILCS 5/143.1 from proof of loss until denial. Check the suit clause in your own policy. |
| 10 years General Illinois limit for lawsuits on written contracts. |
735 ILCS 5/13-206written contracts, or other evidences of indebtedness in writing and actions brought under the Illinois Wage Payment and Collection Act shall be commenced within 10 years next after the cause of action accruedGeneral rule for written contracts. A property policy may contain a shorter suit clause (the standard fire policy has 12 months); this statute does not say whether or how far a policy may shorten it. Whether 13-206 governs a particular policy claim is a legal question. | |
| no fixed number If a policy limits the time to sue, that time stops running from when you file proof of loss until the insurer denies the claim. |
215 ILCS 5/143.1the running of such period is tolled from the date proof of loss is filed, in whatever form is required by the policy, until the date the claim is denied in whole or in part.Applies to policies other than life, accident and health, fidelity and surety, and ocean marine. It presumes a policy may limit the time to sue but sets no minimum period. On residential fire and extended-coverage claims the insurer must tell you in writing at denial how many days were tolled and how many remain (50 Ill. Adm. Code 919.80(d)(8)(C)). | |
| no fixed number On denial, tell you in writing how many days of the suit period were tolled and how many are left. |
50 Ill. Adm. Code 919.80(d)(8)(C)the company, at the time it denies the claim, in whole or in part, shall advise the insured in writing of the number of days the period was tolled, and how many days are left before the expiration of the time to bring suit.Applies to residential fire and extended-coverage policies whose suit period is tolled under 215 ILCS 5/143.1. | |
| Iowa read 2026-10-09 |
12 months Deadline to sue under the statutory standard fire policy |
Iowa Code §515.109 (standard fire policy, "Suit")No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.Counted from "inception of the loss". This is the shortened period in the statutory fire-policy text, so for fire policies Iowa law itself authorizes a 12-month limit. For other property policies the general limit for written contracts is 10 years (Iowa Code 614.1(5)); whether a policy may shorten it is a legal question. |
| 10 years General deadline for actions on written contracts |
Iowa Code §614.1(5)(a)those founded on written contracts, or on judgments of any courts except those provided for in subsection 6 , and those brought for the recovery of real property , within ten years.General statute of limitations; the standard fire policy and policy clauses may set a shorter period. | |
| Kansas read 2026-10-09 |
5 years Deadline to sue on a written insurance contract (general statute) |
K.S.A. 60-511(1)The following actions shall be brought within five (5) years: (1) An action upon any agreement, contract or promise in writing.General five-year period for written contracts. No Kansas statute found that either permits or forbids a policy from shortening this period for property policies, so a shorter policy suit-limit clause may apply. Check your policy and take legal advice. |
| Kentucky read 2026-10-09 |
1 year Minimum time a policy must allow you to sue |
KRS 304.14-370No conditions, stipulations or agreements in a contract of insurance shall deprive the courts of this state of jurisdiction of actions against foreign insurers, or limit the time for commencing actions against such insurers to a period of less than one (1) year from the time when the cause of action accrues.A policy may shorten the suit period but not below one year from accrual. The text says 'foreign insurers'; whether it reaches Kentucky-domiciled insurers is a legal question. |
| 10 years General time limit to sue on a written contract |
KRS 413.160An action upon a written contract executed after July 15, 2014, unless otherwise provided by statute, and an action for relief not provided for by statute can only be commenced within ten (10) years after the cause of action accrued.Default term for written contracts executed after July 15, 2014; a policy may shorten it to no less than one year (KRS 304.14-370). | |
| Louisiana read 2026-10-09 |
24 months Minimum suit period a policy may set for first-party property claims |
La. R.S. 22:868(B)limiting right of action against the insurer to a period of less than twenty-four months next after the inception of the loss when the claim is a first-party claim, as defined in R.S. 22:1692, and arises under any insurance classified and defined in R.S. 22:47(6), (10), (11), (12), (13), (15), and (19)A policy may not set a shorter period than 24 months from the inception of the loss for first-party claims in the listed classes (R.S. 22:47(6), (10), (11), (12), (13), (15), (19)). Any violating condition is void (22:868(C)). The actual suit period is the one in your policy. For other insurances the minimum is one year from accrual. |
| no fixed number A policy clause shorter than the statutory minimum is void |
La. R.S. 22:868(C)Any such condition, stipulation, or agreement in violation of this Section shall be voidOnly the violating clause is void, not the whole contract. | |
| no fixed number Homeowners insurance is a listed class for the 24-month minimum |
La. R.S. 22:47(15)(15) Homeowners' insurance. A policy of insurance on a one- or two-family owner-occupied premises, which combines fire and allied lines with any one or more perils of casualty, liability, or other types of insurance within one policy form at a single premiumClass (15) is named in 22:868(B). Class (10), fire and allied lines, also covers windstorm and hail perils: "earthquake, windstorms, cyclone, tornado, tempests, hail, frost, snow, ice, sleet, flood, rain" (22:47(10)(b)). | |
| Michigan read 2026-10-09 |
1 year Start a lawsuit on a fire policy |
MCL 500.2833(1)(q)An action must be commenced within 1 year after the loss or within the time period specified in the policy, whichever is longer. The time for commencing an action is tolled from the time the insured notifies the insurer of the loss until the insurer formally denies liability.For fire policies the policy may not set a period shorter than 1 year after the loss (the longer of the two applies), and the clock is paused from notice of loss until formal denial. Applies to policies required to contain this provision. |
| 6 years Start a lawsuit for breach of a written contract (general Michigan limit) |
MCL 600.5807(9)The period of limitations is 6 years for an action to recover damages or money due for breach of contract that is not described in subsections (2) to (8).General limit for contract actions in Michigan. The statute text read does not itself say whether an insurance policy may shorten it; for fire policies 500.2833(1)(q) sets a floor of 1 year. | |
| Minnesota read 2026-10-09 |
2 years Start a lawsuit on the policy (standard fire-policy wording) |
Minn. Stat. §65A.01 subd. 3No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy have been complied with, and unless commenced within two years after inception of the loss.The Commerce Department's homeowners reference sheet lists this same wording under "Action Against Insurer" with a cite to §65A.01 subd. 3. The statute does not say in terms that a homeowner's policy cannot go below this |
| 2 years Start a lawsuit on the policy: regulator's published statement of the rule |
MN Dept. of Commerce, Homeowners Reference Data (June 2026), Action Against InsurerNo suit or action for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy have been complied with, and unless commenced within two years after inception of the loss.Published by the Minnesota Department of Commerce, edition date June 2026, citing Minn. Stat. §65A.01 subd. 3. | |
| 6 years General Minnesota deadline to sue on a contract with no shorter period set by law |
Minn. Stat. §541.05 subd. 1(1)Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years: (1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;This is the general limit. For property policies the statute itself prescribes the 2-year (fire form) and 1-year (hail) periods, so which period governs a given claim is a legal question. The statute text read does not say whether a policy may shorten the period below a minimum. | |
| 1 year Start a lawsuit on a hail policy |
Minn. Stat. §65A.26No suit for the recovery of any claim by virtue of this policy may be sustained unless commenced within one year after the loss occurred."Applies to "every policy of insurance against damage by hail". The statute also says the policy must state the form, manner and length of notice the insured owes the company. Whether a homeowner's policy with hail coverage is such a policy is a legal question. | |
| Missouri read 2026-10-09 |
5 years Deadline to sue on a written insurance contract |
Mo. Rev. Stat. 516.120(1)Within five years: (1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110 , and except upon judgments or decrees of a court of record, and except where a different time is herein limitedGeneral five-year contract period; 516.110(1) gives ten years for a writing for the payment of money or property. Section 431.030 voids contract provisions that limit the time to sue, and the official annotation says it includes insurance policies, so a shorter policy clause is generally not enforceable. |
| no fixed number Contract terms limiting the time to sue are void |
Mo. Rev. Stat. 431.030All parts of any contract or agreement hereafter made or entered into which either directly or indirectly limit or tend to limit the time in which any suit or action may be instituted, shall be null and void.Annotation on the official page: "This section includes insurance policies. Lumbermen's Mutual Casualty Co. v. | |
| 10 years Deadline for an action upon a writing for the payment of money or property |
Mo. Rev. Stat. 516.110(1)Within ten years: (1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;Which of 516.110(1) or 516.120(1) governs an insurance policy claim is a legal question. | |
| Nebraska read 2026-10-09 |
5 years Deadline to sue on a written insurance contract (policy may not shorten it below the statute) |
Neb. Rev. Stat. 25-205(1) with 44-357an action upon a specialty, or any agreement, contract, or promise in writing, or foreign judgment, can only be brought within five years.Five years for written contracts. Neb. Rev. Stat. 44-357 forbids a policy provision limiting the time to sue to less than the regular statutory period "unless otherwise prescribed by this chapter", so a policy generally cannot shorten it. Read on Wayback copy of the official page (snapshot 20260923041503). |
| no fixed number Policy may not limit time to sue below the regular statute of limitations |
Neb. Rev. Stat. 44-357or any provision limiting the time within which an action may be brought to less than the regular period of time prescribed by the statutes of limitations of this state, unless otherwise prescribed by this chapter.Read on Wayback copy of the official page (snapshot 20251217043412). | |
| Nevada read 2026-10-09 |
6 years General limitation period to sue on a contract founded on a written instrument |
NRS 11.190(1)(b)Within 6 years: (a) Except as otherwise provided in NRS 62B.420 and 176.275 , an action upon a judgment or decree of any court of the United States, or of any state or territory within the United States, or the renewal thereof. (b) An action upon a contract, obligation or liability founded upon an instrument in writing, except those mentioned in the preceding sections of this chapter.'Unless further limited by specific statute'. No Nevada statute found in NRS 686A or 687B that lets or bars a property policy from shortening this; whether a policy can shorten it is for a lawyer. [Official page blocked (403); text read from web.archive.org copy of the official page, snapshot 2026-01-28 (NRS 11 snapshot, revision 6/29/2024).] |
| 60 days before the time limit expires Send written notice 60 days before a policy time limit or statute of limitations expires if you have no lawyer and talks are still open |
NAC 686A.675(5)Notice must be given 60 days before the date on which a time limit may expire.Insurer duty, not the suit period itself. It applies where the claimant is not an attorney or represented by one. [Official page blocked (403); text read from web.archive.org copy of the official page, snapshot 2024-02-26 (NAC 686A snapshot).] | |
| North Carolina read 2026-10-09 |
3 years Start a lawsuit on the policy |
N.C.G.S. 58-44-16(f)(18)No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law unless all the requirements of this policy have been complied with and unless commenced within three years after inception of the loss.Three years after inception of the loss, in the standard fire policy. The general contract limit is also three years (G.S. 1-52(1)). Source read from a Wayback Machine copy of the official ncleg.gov page (snapshot 2025-11-23) because ncleg.gov blocks this server (HTTP 403); amendments after the snapshot date are not reflected. |
| 3 years Time to sue on a contract |
N.C.G.S. 1-52(1)§ 1-52. Three years. Within three years an action - (1) Upon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections or in G.S. 1-53(1).General three-year period for contract actions. Source read from a Wayback Machine copy of the official ncleg.gov page (snapshot 2025-11-19) because ncleg.gov blocks this server (HTTP 403); amendments after the snapshot date are not reflected. | |
| Ohio read 2026-10-09 |
6 years Sue within the general statute of limitations for written contracts |
Ohio Rev. Code 2305.06an action upon a specialty or an agreement, contract, or promise in writing shall be brought within six years after the cause of action accrued.General period for written contracts, counted from when the cause of action accrues. The text read does not say whether a policy may set a shorter period; many policies do, so check your policy. A new version of this section took effect September 23, 2026 (not read). |
| Oklahoma read 2026-10-09 |
5 years General limitation period to sue on a written contract |
12 O.S. §95(A)(1)Within five (5) years: An action upon any contract, agreement, or promise in writing;Counted from when the cause of action accrues. Whether a policy can shorten this is in the next two facts. |
| no fixed number A contract clause that shortens the time to sue is void under Oklahoma contract law |
15 O.S. §216Every stipulation or condition in a contract, by which any party thereto is restricted from enforcing his rights under the contract by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his rights, is void.General contract statute. | |
| 12 months Standard fire policy form requires suit within 12 months of the loss |
36 O.S. §4803 (standard fire policy, Suit)Suit. No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss.Applies to fire policies (36 O.S. Art. 48). Conflicts on its face with 15 O.S. §216 and the 5-year period in 12 O.S. §95 | |
| Oregon read 2026-10-09 |
24 months Start a lawsuit on a fire policy |
ORS 742.240No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within 24 months next after inception of the loss.A fire insurance policy must contain this clause. A policy covering fire plus other perils may be exempt from the standard-policy form if it is at least the substantial equivalent (ORS 742.204), so the period for a wind or hail claim under a homeowner policy is set by the policy and may differ. Fetched from a web.archive.org copy of the official legislature page (snapshot 20260914); direct oregonlegislature.gov was unreachable from our server. |
| 6 years General Oregon deadline to sue on a contract (no shorter period in the policy) |
ORS 12.080(1)An action upon a contract or liability, express or implied, excepting those mentioned in ORS 12.070, 12.110 and 12.135 and except as otherwise provided in ORS 72.7250; ... shall be commenced within six years.General contract limitation period. The statute text we read does not say whether an insurance policy may shorten it; for fire coverage ORS 742.240 requires 24 months. Whether the policy can shorten the period for non-fire perils was not found in the statutes read. Fetched from a web.archive.org copy of the official legislature page (snapshot 20260923); direct oregonlegislature.gov was unreachable from our server. | |
| South Carolina read 2026-10-09 |
3 years Time to sue on a contract |
S.C. Code §15-3-530(1)Within three years: (1) an action upon a contract, obligation, or liability, express or implied, excepting those provided for in Section 15-3-520General three-year period for contract actions. |
| 3 years Time to sue on an insurance policy, regardless of policy wording |
S.C. Code §15-3-530(8)(8) an action on any policy of insurance, either fire or life, whereby any person or property, resident or situate in this State, may be or may have been insured, or for or on account of any loss arising under the policy, any clause, condition, or limitation contained in the policy to the contrary notwithstandingThree years, and a policy clause cannot shorten it. The wording says 'either fire or life'; The accrual point (date of loss, denial) is not stated in the section. | |
| South Dakota read 2026-10-09 |
6 years Deadline to sue on a written insurance contract |
S.D.C.L. 15-2-13(1)Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued: (1) An action upon a contract, obligation, or liability, express or impliedSix years from accrual. Text read from the legislature's own /api/Statutes endpoint behind the same page (the page itself is a JavaScript app). |
| no fixed number Contract terms that limit the time to sue are void |
S.D.C.L. 53-9-6Every provision in a contract restricting a party from enforcing his rights under it by usual legal proceedings in ordinary tribunals, or limiting his time to do so, is void.A policy clause shortening the time to sue is therefore void in South Dakota; the only exception in the section is for surety contracts (not shorter than two years from accrual). Text read from the legislature's own /api/Statutes endpoint behind the same page (the page itself is a JavaScript app). | |
| Tennessee read 2026-10-09 |
no fixed number Sue within the period in your policy (courts enforce shortened periods) |
Meyers v. Farmers Aid Ass'n of Loudon County, No. E2013-02585-COA-R9-CV (Tenn. Ct. App. Dec. 9, 2014)Tennessee has long held that an insurance policy provision establishing an agreed limitations period within which suit may be filed against the company is valid and enforceable.Case law, not a statute: a homeowner policy may set its own suit period (the policy in Meyers required suit within twelve months; the one in Daniel v. Allstate, 2015, within one year). We found no Tennessee statute setting a minimum for homeowner policies. Which date starts the period is contested. |
| Texas read 2026-10-09 |
61 days before you sue Give the insurer written pre-suit notice before filing suit over property damage |
Tex. Ins. Code §542A.003(a)61st day before the date a claimant files an action to which this chapter applies in which the claimant seeks damages from any person, the claimant must give written notice to the person in accordance with this section as a prerequisite to filing the action.Notice must state the acts or omissions, the specific amount alleged to be owed, and attorney fees incurred (§542A.003(b)). Not required if there is not enough time before limitations expires, or for a counterclaim (§542A.003(d)). The insurer may then request an inspection within 30 days and finish it by day 60 (§542A.004). |
| 4 years General limitations period for a contract action (no express period for insurance contracts) |
Tex. Civ. Prac. & Rem. Code §16.051Every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than four years after the day the cause of action accrues.Residual rule. §16.004 (four-year list) read: it does not list insurance contracts. A court decision applying 16.051 to a property policy was not read, so counsel should confirm. Counted from accrual, which the policy may place at the date of loss or denial. | |
| 2 years A policy may shorten the time to sue, but not below two years |
Tex. Civ. Prac. & Rem. Code §16.070(a)a person may not enter a stipulation, contract, or agreement that purports to limit the time in which to bring suit on the stipulation, contract, or agreement to a period shorter than two years.A shorter contractual period is void (§16.070(a)). Exception in (b) is for sales of a business entity above a dollar threshold. | |
| 61 days before you sue TDI tells consumers to give written notice at least 61 days before suing over disaster damage |
TDI, Homeowners Insurance (CB025)If the damage was caused by a disaster, you must tell the company in writing at least 61 days before you sue.Regulator wording of the Chapter 542A pre-suit notice. The page also says you can give less notice if waiting would cause you to miss the deadline for filing a suit. | |
| Virginia read 2026-10-09 |
2 years Time to sue under the policy |
Va. Code §38.2-2105 (Suit); 14VAC5-342-80 A.3No suit or action on this policy for the recov- ery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within two years next after inception of the loss.The standard fire policy gives two years from 'inception of the loss'. 14VAC5-342-80 A.3 lists 'Suit' among statutory conditions homeowners policies must include, and 14VAC5-342-10 F bars terms less favorable than the chapter, so a policy cannot go shorter. |
| 5 years General time limit for suing on a signed written contract |
Va. Code §8.01-246(2)In actions on any contract that is not otherwise specified and that is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or notDefault for signed written contracts not otherwise specified. For a homeowners policy the two-year suit condition above is the specific term; which controls is a legal question. | |
| Washington read 2026-10-09 |
6 years General limit for suing on a written contract |
RCW 4.16.040(1)The following actions shall be commenced within six years: (1) An action upon a contract in writing, or liability express or implied arising out of a written agreement, except as provided for in RCW 64.04.007 (2).General six-year period for actions on written contracts. The statute text does not mention insurance policies specifically; whether a given policy shortens it is governed by RCW 48.18.200 (separate fact) and the policy itself. |
| 1 year Minimum period a property policy may give you to sue the insurer |
RCW 48.18.200(1)(c)In contracts of property insurance, or of marine and transportation insurance, such limitation shall not be to a period of less than one year from the date of the loss.Washington lets a property policy shorten the right to sue, but not below one year from the date of the loss. This is a floor, not a statewide deadline; the period that applies is in your policy. | |
| Wisconsin read 2026-10-09 |
12 months Last day to sue the insurer on a fire / separate windstorm or hail policy |
Wis. Stat. §631.83(1)(a)An action on a fire insurance policy must be commenced within 12 months after the inception of the loss. This rule also applies to riders or endorsements attached to a fire insurance policy covering loss or damage to property or to the use of or income from property from any cause, and to separate windstorm or hail insurance policies.Counted from the inception (date) of the loss. A policy may not shorten the statutory period (§631.83(3)(a)). The period is tolled during an appraisal or arbitration (§631.83(5)). No suit until 60 days after proof of loss or an earlier full denial (§631.83(4)). |
| no fixed number A policy cannot cut the suit period below what the statutes allow |
Wis. Stat. §631.83(3)(a)Shorten periods of limitation. Limit the time for beginning an action on the policy to a time less than that authorized by the statutes;Prohibited policy clause. Combined with §631.83(1)(a), a Wisconsin fire policy (and a separate windstorm or hail policy) cannot set a suit limit shorter than 12 months from inception of the loss. Whether a comprehensive homeowner's policy is covered by this rule is an open legal question. | |
| 60 days No suit until 60 days after proof of loss, or earlier full denial |
Wis. Stat. §631.83(4)No action may be brought against the insurer on an insurance policy to compel payment thereunder until at least 60 days after proof of loss has been furnished as required by the policy or such proof of loss has been waived, or the insurer has denied full payment, whichever is earlier.Does not apply where the verified complaint alleges prejudice from the delay beyond the delay itself. | |
| no fixed number Suit period is paused during appraisal or arbitration |
Wis. Stat. §631.83(5)The period of limitation is tolled during the period in which the parties conducted an appraisal or arbitration procedure prescribed by the insurance policy or by law or agreed to by the parties.Annotations in the same page limit this to first-party claims and require a genuine agreement to appraise. | |
| 6 years General limit for contract actions (applies to insurance policies where chapters 600-646 set no shorter period) |
Wis. Stat. §893.43(1); §631.83(1)(d)shall be commenced within 6 years after the cause of action accrues or be barred.§631.83(1)(d) sends other insurance-policy actions to §893.43. Whether a homeowner's multi-peril policy for a wind or hail loss falls under the 12-month fire rule (§631.83(1)(a)) or the 6-year rule is a legal question; the statute says the 12-month rule covers riders on fire policies insuring property 'from any cause' and separate wind or hail policies. |
No quotable rule for the time to sue in: New Mexico. The state pages say what we searched.
How to read this
- A policy usually repeats a time limit in its own words, often in a section called Suit Against Us or Legal Action. If it is shorter than the statute, ask a lawyer whether your state allows that.
- Some states count the period from the loss, some from the denial, some from when the insurer's duty to pay arose. The notes show the start point where the text names one.
- Counting from the storm date? The calculator on the hub page turns the loss date into a calendar date for the states where the text counts from the loss.
More on claim deadlines
- Map and table of all 28 states, with the date calculator.
- Hurricane, hail and wind claim rules, by state: separate deductibles, extended deadlines, moratoria.
- The roof claim timeline, step by step: with the state clocks that apply to each step.
Information, not legal advice. Each line was read from the official text on the date shown. Rules change and courts read them differently, and your policy can add conditions. For a specific claim, ask a public adjuster or an attorney licensed in your state.