Zalma on Insurance
Education • Business
Insurance Claims professional presents articles and videos on insurance, insurance Claims and insurance law for insurance Claims adjusters, insurance professionals and insurance lawyers who wish to improve their skills and knowledge. Presented by an internationally recognized expert and author.
Interested? Want to learn more about the community?
May 13, 2025
When You File Suit Late You Lose

Private Limitation of Action Provision Defeats Suit Against Insurer
Post 5072

See the full video at https://lnkd.in/g_8AU-NK and at https://lnkd.in/gWzCpUZB, and at https://zalma.com/blog plus more than 5050 posts.

In Vishnudut Ramyead et al. v. State Farm General Insurance Company, B329614, California Court of Appeals, Second District, Second Division (April 29, 2025) resolved a purported class action suit because it was filed late.

After their personal property suffered water damage, plaintiffs and appellants Vishnudut and Teika Ramyead (collectively, plaintiffs) submitted a claim to their property insurer, defendant and respondent State Farm General Insurance Company (State Farm). State Farm paid plaintiffs a total of $750.75. Dissatisfied with State Farm’s handling of their claim, plaintiffs filed a class action lawsuit against State Farm, bringing causes of action for alleged violations of the unfair competition law and declaratory relief.

The trial court granted State Farm’s motion for summary judgment.

FACTS AND PROCEDURAL BACKGROUND

Plaintiffs took out a homeowner’s insurance policy with State Farm, effective for one year from February 17, 2018.

The policy established that, in accordance with state law, “[n]o action shall be brought” against State Farm “unless there has been compliance with the policy provisions. The action must be started within one year after the date of loss or damage.”

Plaintiffs’ Claim

On May 8, 2018, a leaking water supply line damaged plaintiffs’ property, including a sofa and ottoman in an adjacent bedroom. On May 10, 2018, plaintiffs’ attorneys filed a claim with State Farm. They reported that the value of the sofa and ottoman was $2,500 and $1,000, respectively; both pieces were about 20 years old.

Complaint

On February 19, 2020, plaintiffs filed a class action against State Farm. Their operative first amended complaint (FAC) set forth two causes of action: (1) violations of the unfair competition law and (2) declaratory relief.

The FAC alleged that State Farm violated California law by adding sales tax to the retail price of personal property before finding and subtracting the property’s depreciated value. Plaintiffs contended that this practice effectively depreciates sales tax, “a non-depreciable item” under section 2051 and related regulations. As a result, State Farm wrongly withheld “money that is owed to [p]laintiffs and those other insureds similarly situated.” Among other things, the FAC sought “disgorgement of all sums unjustly obtained” by State Farm, and “restitution to plaintiffs” and other policyholders.

State Farm’s Motion for Summary Judgment and Plaintiffs’ Opposition

In December 2022, State Farm moved for summary judgment, arguing that (1) plaintiffs’ claims were untimely because they were brought after the one-year limitations period, and (2) as a matter of law, section 2051 does not prohibit depreciation of sales tax. The trial court granted State Farm’s motion for summary judgment.

The trial court ruled that plaintiffs’ claims are indisputably untimely. Because plaintiffs’ claims for unfair competition and declaratory relief seek to recover amounts they contend State Farm should have included in their payment under the policy and California law their claims are on the policy for purposes of the one year limitation contained in their policy.

Moreover, the trial court found that section 2051 and related regulations do not bar an insurer from depreciating sales tax when calculating the actual cash value of personal property.

DISCUSSION

The expiration of the applicable statute of limitations or private limitation of action provision is a complete defense. If the movant presents evidence establishing the defense and plaintiff did not effectively dispute any of the relevant facts, summary judgment was properly granted.

Plaintiffs’ Lawsuit is Barred by the Applicable Statute of Limitations

The parties disagree about which statute of limitations applies to plaintiffs’ lawsuit. Plaintiffs contend that it falls under the four-year period of limitations governing the unfair competition law.

The One-Year Statute Of Limitations Applies To Plaintiffs’ Lawsuit

The Court of Appeals held that section 2071 is concerned with causes of action that in some manner seek a financial recovery attributable to a claimed loss that was covered under a policy.

In the First Amended Complaint (FAC), plaintiffs request not just declaratory and injunctive relief, but also the return of money that, per plaintiffs, State Farm unlawfully withheld from the amount owed on their claim.
Plaintiffs’ Lawsuit Is Time Barred

Three dates are used to ascertain whether a plaintiff filed suit within section 2071’s one-year limitations period.

1. The limitations period starts running on the date that the insured discovers a loss to covered property. In this case, plaintiffs discovered the damage to their furniture on May 8, 2018.
2. the clock stops running on the date that the insured reports the claim. Plaintiffs submitted a claim to State Farm on May 10, 2018.
3. the limitations period resumes running on the date that the insurer closes its investigation into the insured’s claim.

Plaintiffs’ lawsuit was untimely. The limitations period began running on May 8, 2018. Plaintiffs stopped the clock two days later, when they filed their claim on May 10, 2018. At this point, two days of their one-year limitations period had already elapsed. Thus, from the date State Farm closed its investigation, plaintiffs had one year, less two days, to file suit.

Assuming that State Farm closed the investigation on November 14, 2018, plaintiffs would have had until November 12, 2019, to sue. If State Farm did not close the investigation until February 19, 2019, then plaintiffs had until February 17, 2020. But they did not file this lawsuit until February 19, 2020-two days after the last date on which the statute of limitations could have expired.

Because State Farm successfully established that the applicable statute of limitations bars plaintiffs’ lawsuit, and plaintiffs did not effectively dispute any of the relevant facts, the Court of Appeals affirmed summary judgment in State Farm’s favor.

The judgment was affirmed. State Farm is entitled to costs on appeal.

ZALMA OPINION

Private Limitation of Action provisions have existed in insurance policies since the turn of the 20th Century with the New York Standard Fire Insurance policy. California case law tolled the running of the limitation while the insurer adjusted the claim and started it running again when they were done. The plaintiffs failed to even file timely with the delay and lost.

(c) 2025 Barry Zalma & ClaimSchool, Inc.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to my substack at https://barryzalma.substack.com/subscribe

Go to X @bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; Go to the Insurance Claims Library – https://lnkd.in/gwEYk

00:09:37
Interested? Want to learn more about the community?
What else you may like…
Videos
Posts
11 hours ago
Adjuster May Not be Sued to Defeat Federal Jurisdiction

One Year Private Limitation of Action Provision Enforceable

Post 5233

See the video at and at and at https://zalma.com/blog.

Barn Roof Collapse Suit Attempts to Avoid Federal Court Fails Because of Fraudulent Joinder

In Funaro v. State Farm Fire & Casualty Co., United States District Court for the Western District of Pennsylvania, Civil Action No. 25-04, Judge: W. Scott Hardy (W.D. Pa. Nov. 19, 2025) the District Court was faced with motions by Plaintiff Funaro including the following:

1 Motion to Remand.
2 State Farm’s Partial Motion to Dismiss.
3 Statutory bad faith (42 Pa. C.S. § 8371) against State Farm alone

KEY FACTS

On January 10, 2021 a large barn roof in Honesdale, PA collapsed under weight of snow. The barn incurred structural damage, contents damage (including $90,000 to 100,000 in a custom French stove).

Plaintiffs were insured under a State Farm policy (using a standard ...

00:08:35
placeholder
November 21, 2025
Party Seeking Discovery is Entitled to “Anything Relevant to Party’s Claim or Defense

Discovery Attempt by Alleged Fraudulent Health Care Provider Fails

Post 5232

Read the full article at https://www.linkedin.com/pulse/party-seeking-discovery-entitled-anything-relevant-zalma-esq-cfe-ce7kc, see the video at https://rumble.com/v7204g8-discovery-is-entitled-to-anything-relevant-to-partys-claim-or-defense.html and at https://youtu.be/Nuet_er3qXU, and https://zalma.com/blog plus more than 5200 posts.

Upcoding and Health Care Fraud

In UnitedHealthcare Services, Inc., et al. v. Team Health Holdings, Inc., et al., No. 3:21-cv-00364-DCLC-DCP, United States District Court for the Eastern District of Tennessee, District Judge Clifton L. Corker (November 18, 2025) This is a discovery ruling, not a final merits decision.

The Disputes

This is a fraud/RICO lawsuit brought by UnitedHealthcare (and affiliates, collectively “United”) aganst TeamHealth (a large physician staffing company focused on emergency medicine). The companies have a history of mutual litigation over billing practices, including prior suits where TeamHealth accused ...

00:09:59
November 21, 2025
Party Seeking Discovery is Entitled to “Anything Relevant to Party’s Claim or Defense

Discovery Attempt by Alleged Fraudulent Health Care Provider Fails

Post 5232

Read the full article at https://www.linkedin.com/pulse/party-seeking-discovery-entitled-anything-relevant-zalma-esq-cfe-ce7kc, see the video at https://rumble.com/v7204g8-discovery-is-entitled-to-anything-relevant-to-partys-claim-or-defense.html and at https://youtu.be/Nuet_er3qXU, and https://zalma.com/blog plus more than 5200 posts.

Upcoding and Health Care Fraud

In UnitedHealthcare Services, Inc., et al. v. Team Health Holdings, Inc., et al., No. 3:21-cv-00364-DCLC-DCP, United States District Court for the Eastern District of Tennessee, District Judge Clifton L. Corker (November 18, 2025) This is a discovery ruling, not a final merits decision.

The Disputes

This is a fraud/RICO lawsuit brought by UnitedHealthcare (and affiliates, collectively “United”) aganst TeamHealth (a large physician staffing company focused on emergency medicine). The companies have a history of mutual litigation over billing practices, including prior suits where TeamHealth accused ...

00:09:59
October 31, 2025
The Zalma Philosophy of Claims Handling – Part 9

The Professional Claims Handler
Post 5219

Posted on October 31, 2025 by Barry Zalma

An Insurance claims professionals should be a person who:

Can read and understand the insurance policies issued by the insurer.
Understands the promises made by the policy.
Understand their obligation, as an insurer’s claims staff, to fulfill the promises made.
Are competent investigators.
Have empathy and recognize the difference between empathy and sympathy.
Understand medicine relating to traumatic injuries and are sufficiently versed in tort law to deal with lawyers as equals.
Understand how to repair damage to real and personal property and the value of the repairs or the property.
Understand how to negotiate a fair and reasonable settlement with the insured that is fair and reasonable to both the insured and the insurer.

How to Create Claims Professionals

To avoid fraudulent claims, claims of breach of contract, bad faith, punitive damages, unresolved losses, and to make a profit, insurers ...

post photo preview
October 20, 2025
The Zalma Philosophy of Claims Handling – Part I

The History Behind the Creation of a Claims Handling Expert

The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail
Post 5210

This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.
My Training to be an Insurance Claims Adjuster

When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.

I was initially sat at a desk reading a text-book on insurance ...

post photo preview
October 20, 2025
The Zalma Philosophy of Claims Handling – Part I

The History Behind the Creation of a Claims Handling Expert

The Insurance Industry Needs to Implement Excellence in Claims Handling or Fail

Post 5210

This is a change from my normal blog postings. It is my attempt. in more than one post, to explain the need for professional claims representatives who comply with the basic custom and practice of the insurance industry. This statement of my philosophy on claims handling starts with my history as a claims adjuster, insurance defense and coverage lawyer and insurance claims handling expert.

My Training to be an Insurance Claims Adjuster

When I was discharged from the US Army in 1967 I was hired as an insurance adjuster trainee by a professional and well respected insurance company. The insurer took a chance on me because I had been an Army Intelligence Investigator for my three years in the military and could use that training and experience to be a basis to become a professional insurance adjuster.

I was initially sat at a desk reading a text-book on insurance ...

post photo preview
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals