Homer Matthew Smith and Deborah Smith v. Allstate Insurance Company

403 F.3d 401, 2005 U.S. App. LEXIS 5682, 2005 WL 783079
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 8, 2005
Docket03-5589
StatusPublished
Cited by35 cases

This text of 403 F.3d 401 (Homer Matthew Smith and Deborah Smith v. Allstate Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Homer Matthew Smith and Deborah Smith v. Allstate Insurance Company, 403 F.3d 401, 2005 U.S. App. LEXIS 5682, 2005 WL 783079 (6th Cir. 2005).

Opinions

DAVID A. NELSON, Circuit Judge.

After a lengthy investigation of fire insurance claims presented by the plaintiffs, the defendant insurance company rejected the claims. The district court, which had jurisdiction based on diversity of citizenship, entered summary judgment in favor of the company. The court held that the plaintiffs’ claims were barred by provisions in the insurance policies that required suit to be brought within one year after the loss. The court further held that, on the facts presented, the company’s invocation of the limitations provisions did not constitute bad faith.

We agree that the limitations provisions were valid under applicable state law (the law of Kentucky) and were enforceable against the plaintiffs in the circumstances presented here. The challenged judgment will be affirmed.

I

The plaintiffs, Homer and Deborah Smith, purchased homeowner’s and landlord’s insurance policies covering their res-[403]*403idenee and adjacent rental property in Pike County, Kentucky. The policies were issued by Allstate Insurance Company in January of 2000.

Using substantially identical terms, the policies spelled out the steps to be taken by an insured and by Allstate if a loss occurred. First, the insured had to give Allstate prompt notice of the loss, produce all records reasonably requested by the company, and submit to examination under oath if requested to do so. Within 60 days after the loss, the insured was also required to submit a signed and sworn proof-of-loss statement. If the policy covered the loss, Allstate had to notify the insured within 30 days after receiving the proof-of-loss statement whether the company chose to repair the damaged property or to pay for the loss. A covered loss was to be settled within 30 days after its amount was finally determined, whether by agreement, an appraisal award, or a court judgment.

The policies also contained a provision limiting the insureds’ right to sue Allstate: “No suit or action may be brought against [Allstate] unless there has been full compliance with all policy terms. Any suit or action must be brought within one year after the inception of loss or damage.”

The Smiths’ insured properties were damaged by fire of suspicious origin on April 17, 2000. Mr. and Mrs. Smith promptly notified Allstate of the loss. On April 20, 2000, Allstate acknowledged receipt of notice and requested that the Smiths return a completed proof-of-loss form by July 13, 2000 — a date almost four weeks after the time limit specified in the policies. Allstate’s April 20 letter expressly reserved “all rights, conditions and/or defenses under the policy of insurance including the policy one year limitation of suit condition.” The Smiths signed a non-waiver agreement in which they agreed that Allstate’s investigation of their claim “shall not waive or invalidate any of the terms or conditions of the policy.”

The parties agreed that Mr. and Mrs. Smith would be examined under oath on July 13, 2000, the date by which the proof-of-loss statements were due. Allstate’s lawyer requested that the Smiths bring to the examinations all records supporting their claim of loss. The examinations did not go forward at the agreed time, apparently because the Smiths had yet to return their proof-of-loss statements.

On August 10, 2000, Allstate sent the Smiths’ lawyer another proof-of-loss form and advised him that the company could not conclude its investigation without the completed form. The letter further advised that the company would “continue to require strict adherence to all policy ... terms and conditions” and reiterated that the company “specifically reserve[d] any and all rights and/or defenses ... including the policy one year limitation of suit condition.”

The Smiths finally gave Allstate their proof-of-loss statements on September 15, 2000. On October 3, 2000, Allstate paid Grundy National Bank, which held a mortgage on the Smiths’ properties, approximately $91,000.

The Smiths’ examinations under oath were rescheduled for October 19, 2000, but did not begin, for some reason, until November 17, 2000. It was agreed that the examinations would be completed on December 19, 2000, but that date fell through because of inclement weather. Unhappy with the delay, the Smiths’ lawyer threatened to “file suit the day after Christmas unless someone pays this claim.” Allstate’s lawyer responded with a suggestion that the examinations be completed on December 26, 2000.

The examinations were in fact concluded on that date, but Allstate’s lawyer request[404]*404ed additional data from the Smiths. Some (but not all) of the requested information was provided in January of 2001. Although Mr. and Mrs. Smith were sent their examination transcripts promptly, they did not sign and return the transcripts until June 17, 2002.

Meanwhile, in September of 2001, Allstate completed its investigation and denied the Smiths’ claim. Mr. and Mrs. Smith brought suit against Allstate in a Kentucky court on January 22, 2002— more than one year and nine months after the fire. Allstate removed the case to federal district court, filed an answer, and asserted a counter-claim for the money it had paid Grundy National Bank.

In due course the district court granted Allstate summary judgment on the plaintiffs’ claim that the company had committed a breach of contract by not paying the claims in full. The court held that the one-year limitations provision was valid and that Allstate had not waived its limitations defense.

In a separate order, the court granted summary judgment to Allstate on a bad faith claim asserted by the plaintiffs. Finding that it would have been possible for the Smiths to comply with all of the prerequisites for suit and still bring their action within one year of the loss, the court concluded that Allstate’s invocation of the limitations provision did not constitute bad faith.1

Allstate’s counterclaim remained pending. Having determined that there was no just cause for delay, however, the district court directed the entry of final judgment on the Smiths’ claims. See Rule 54(b), Fed.R.Civ.P. Mr. and Mrs. Smith perfected a timely appeal.

II

As we have seen, the Smiths’ insurance policies prohibited any suit from being brought more than “one year after the inception of loss or damage.” The fire loss occurred in April of 2000, and the Smiths did not sue Allstate until January of 2002. If the one-year limitation was valid and enforceable, therefore, the Smiths’ claims are barred.

Contract provisions limiting the time within which an insured may sue are generally valid under Kentucky law. See, e.g., Edmondson v. Pennsylvania National Mutual Casualty Insurance Co., 781 S.W.2d 753, 756 (Ky.1989); Webb v. Kentucky Farm Bureau Insurance Co., 577 S.W.2d 17, 18-19 (Ky.Ct.App.1978). In fact, a Kentucky statute specifically allows foreign insurers2 to limit the time for commencing actions against them. See Ky. Rev.Stat. § 304.14-370; Webb, 577 S.W.2d at 18. The statute provides that such a contractual limitations period may not be “less than one (1) year from the time when the cause of action accrues.” Ky.Rev.Stat.

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403 F.3d 401, 2005 U.S. App. LEXIS 5682, 2005 WL 783079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/homer-matthew-smith-and-deborah-smith-v-allstate-insurance-company-ca6-2005.