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00:04
one trend i see in the area of insurance
00:06
defense
00:08
is the application of the statute of
00:10
limitations
00:11
the statute of limitations at its core
00:14
is a simple idea
00:15
it’s simply how long one has to file a
00:18
lawsuit
00:19
typically it’s three years but it’s not
00:21
an infinite amount of time
00:22
to a non-lawyer that might seem like a
00:24
technicality but lawyers
00:27
work in technicalities and that
00:29
limitations period if not upheld
00:32
can be a complete bar to a lawsuit from
00:34
the insurance defense
00:36
arena that’s a very powerful tool to use
00:39
and have
00:40
if understood and applied correctly that
00:43
being said while
00:44
a simple idea courts and legislatures
00:47
throughout the country are
00:50
shifting and applying and readjusting
00:54
limitations periods frequently to
00:56
account for
00:58
variances in considerations of interest
01:01
to justice
01:02
and current events and wider global
01:05
considerations
01:06
therefore these statute of limitations
01:10
shift and the way they shift the way
01:12
they’re told
01:13
the way they’re altered are not
01:15
consistent throughout
01:17
courts or jurisdictions so from the
01:19
insurance defense arena and from our
01:21
practice in particular
01:23
we are acutely aware of how courts are
01:25
altering the limitations periods
01:28
we are focused on understanding the
01:31
vagaries
01:32
of the orders and how they may apply how
01:34
long
01:35
the tolling will last when it’s a
01:38
situation of being told
01:40
when the limitations period accrues or
01:42
begins
01:43
for instances where courts have
01:45
revisited
01:46
that consideration and ultimately we’re
01:49
prepared and continue to act
01:50
in our clients interests to ensure that
01:53
any claims brought against them
01:55
are brought within the current and
01:56
applicable limitations period and if
01:58
they’re not
01:59
we seek to have those claims dismissed
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Baltimore, MD commercial litigation attorney Jonathan D. Nelson shares the developing trends in insurance defense.