Legal Question in Real Estate Law in Tennessee

What is the statue of limitations for property damage?

Complainant sustained water damage to home, insurance carrier says their is a one year 6 months statue.

What is the statue of limitations for said property loss in Tennessee?

Asked on 9/20/04, 8:41 am

1 Answer from Attorneys

Dr. Michael A. S. Guth Tennessee Attorney at Law Assists Pro Se (without a lawyer) Parties

Re: What is the statue of limitations for property damage?

This is not a question that depends heavily on the statute of limitations. It depends on the terms of your policy as to whether flooding is covered or not. Your policy will state the time period in which a claim must be raised. In general, Tenn. has a one-year statute of limitations on personal injury claims and a six-year statute of limitation on breach of contract claims. If you have a contract with an insurance company and they breach it, that would be covered under the six-year statute. But again, your carrier's liability will be determined by what is written in your policy. They may affix a certain time for you to bring a claim. You may have to explain to a court why you waited (unless you bring a breach of contract claim), but to show breach, you would have to read the terms of your policy and see the insurance company's obligation anyway.

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Answered on 9/20/04, 5:48 pm

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