Limitation of action and proof of loss
Applied in 6 court decisions — leading case 50 F. Supp. 2d 517 - MFS International, Inc. v. International Telcom Ltd. (1999)
Most recently applied in 478 F. App'x 21 - Benjamin Belrose v. Hartford Life & Accident Insur (April 2012)
Code 1950, § 38-9; 1952, c. 317, § 38.1-341; 1986, c. 562.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
No provision in any insurance policy shall be valid if it limits the time within which an action may be brought to less than one year after the loss occurs or the cause of action accrues.
If an insurance policy requires a proof of loss, damage or liability to be filed within a specified time, all time consumed in an effort to adjust the claim shall not be considered part of such time.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.