Gregory’s attorney told him the most difficult conversation she ever has with a client is when they come in with a strong bad faith case — and she has to tell them the statute of limitations ran six months ago.
Gregory arrived two years and four months after his insurer denied his life insurance claim. California’s bad faith statute of limitations was two years. His case was gone. Not dismissed on the merits. Not settled for too little. Gone entirely, regardless of what his insurer had done.
In New Jersey I have seen the same situation. The insurer delays, the claimant waits hoping for a resolution, and while they are waiting the clock is running. The insurer knows exactly when the statute expires. Many deliberately extend negotiations past that date.
All 50 States — Insurance Bad Faith Statute of Limitations by State 2026
| State | SOL Period | Legal Basis + When Clock Starts |
|---|---|---|
| Alabama | 6 years | Written contract SOL applies to bad faith arising from insurance contract. Clock starts from denial or last act of bad faith. Consult an Alabama attorney for current tolling rules. |
| Alaska | 3 years | AS 09.10.070 — tort claim SOL. Clock starts from date of denial or when claimant knew or should have known of bad faith conduct. |
| Arizona | 2 years | ARS 12-542 — tort claim SOL for bad faith. Clock starts from date insurer’s bad faith conduct occurred or was discovered. Discovery rule may extend deadline. |
| Arkansas | 3 years | Tort SOL applies. Clock starts from date of denial or last act of bad faith. Discovery rule available. Consult an Arkansas attorney for current case law. |
| California | 2 years | CCP 335.1 — tort claim SOL. Clock starts from date of denial or discovery of bad faith. Discovery rule important in delayed discovery situations. One of the shorter SOLs — do not delay. |
| Colorado | 3 years | CRS 13-80-101 — tort claim SOL. Clock starts from date denial issued or date bad faith conduct discovered. Statutory bad faith (CRS 10-3-1115) has same 3-year period. |
| Connecticut | 2 years | CGS 52-584 — tort claim SOL. Clock starts from date of denial. Shorter SOL — act quickly. CUTPA has 3-year SOL and may provide additional time. |
| Delaware | 2 years | 10 Del. C. 8119 — tort claim SOL. Clock starts from date of denial or discovery of bad faith. Discovery rule may extend. |
| Florida | 5 years | FS 95.11(2)(b) — written contract SOL applies since bad faith is contractual in nature under Florida law. Civil Remedy Notice must be filed before suit — adds 60 days to timeline. Longer SOL than most states. |
| Georgia | 6 years | Written contract SOL applies. OCGA 9-3-24. Clock starts from date of denial. One of the longer bad faith SOLs in the country. |
| Hawaii | 2 years | HRS 657-7 — tort claim SOL. Clock starts from date of denial. Consult a Hawaii attorney for current discovery rule application. |
| Idaho | 2 years | IC 5-219 — tort claim SOL. Clock starts from denial or discovery of bad faith. Short SOL — act quickly. |
| Illinois | 5 years | 735 ILCS 5/13-205 — written contract SOL applies. Clock starts from denial. 215 ILCS 5/155 statutory claim has same period. One of the longer periods. |
| Indiana | 2 years | IC 34-11-2-4 — tort claim SOL. Clock starts from date of denial. Short SOL — act quickly after denial. |
| Iowa | 5 years | Iowa Code 614.1(4) — written contract SOL. Clock starts from denial. One of the more favorable SOL periods for claimants. |
| Kansas | 2 years | KSA 60-513 — tort claim SOL. Clock starts from date of denial or discovery. Short SOL — act promptly. |
| Kentucky | 1 year | KRS 413.140 — tort claim SOL. One of the shortest bad faith SOLs in the country. Clock starts from date of denial. Do not delay — consult an attorney immediately after any denial. |
| Louisiana | 1 year | LA Civil Code 3492 — tort prescriptive period. One year from date of denial or discovery. One of the shortest in the country. Act immediately. |
| Maine | 6 years | 14 MRSA 752 — written contract SOL. Clock starts from denial. One of the longer SOL periods for claimants. |
| Maryland | 3 years | Cts. & Jud. Proc. 5-101 — tort claim SOL. Clock starts from date of denial or discovery of bad faith. |
| Massachusetts | 3 years | MGL 260:2A — tort claim SOL. Chapter 93A has 4-year SOL — may provide additional time. Discovery rule available. |
| Michigan | 6 years | MCL 600.5807 — written contract SOL. Clock starts from denial. One of the longer periods — but do not rely on the extra time. |
| Minnesota | 6 years | Minn. Stat. 541.05 — written contract SOL. Clock starts from denial. Discovery rule may apply in some circumstances. |
| Mississippi | 3 years | MS Code 15-1-49 — tort claim SOL. Clock starts from denial or discovery. |
| Missouri | 5 years | RSMo 516.120 — written contract SOL. Clock starts from denial. Consult a Missouri attorney for current tolling rules. |
| Montana | 3 years | MCA 27-2-204 — tort claim SOL. Clock starts from denial. MCA 33-18-242 statutory bad faith has same period. |
| Nebraska | 4 years | NRS 25-206 — written contract SOL. Clock starts from denial. |
| Nevada | 3 years | NRS 11.190 — tort claim SOL. Clock starts from denial or discovery. NRS 686A.310 statutory claim has same period. |
| New Hampshire | 3 years | RSA 508:4 — tort claim SOL. Clock starts from denial or discovery. |
| New Jersey | 6 years | NJSA 2A:14-1 — written contract SOL. Clock starts from denial. One of the longer periods. NJ Consumer Fraud Act has 6-year period as well. |
| New Mexico | 3 years | NMSA 37-1-8 — tort claim SOL. Clock starts from denial. Discovery rule available. |
| New York | 3 years | CPLR 214 — tort claim SOL for bad faith. Clock starts from date of denial. Contract SOL is 6 years — some claims may use longer period. |
| North Carolina | 3 years | NCGS 1-52 — tort claim SOL. Clock starts from denial. NCGS 75-1.1 claims have 4-year SOL — may provide additional avenue. |
| North Dakota | 6 years | NDCC 28-01-16 — written contract SOL. Clock starts from denial. |
| Ohio | 4 years | ORC 2305.09 — tort claim SOL. Clock starts from denial or discovery. |
| Oklahoma | 2 years | 12 OS 95(A)(3) — tort claim SOL. Clock starts from denial. Short SOL — act quickly. Oklahoma has strong bad faith tradition despite shorter filing window. |
| Oregon | 2 years | ORS 12.110 — tort claim SOL. Clock starts from denial or discovery. Short SOL — consult attorney promptly after any denial. |
| Pennsylvania | 2 years | 42 Pa. CS 5524 — tort claim SOL. 42 Pa. CS 8371 statutory bad faith has same period. Short SOL — act quickly. |
| Rhode Island | 3 years | RIGL 9-1-14 — tort claim SOL. Clock starts from denial. |
| South Carolina | 3 years | SCCA 15-3-530 — tort claim SOL. Clock starts from denial. |
| South Dakota | 3 years | SDCL 15-2-14 — tort claim SOL. Clock starts from denial. |
| Tennessee | 1 year | TCA 28-3-104 — tort claim SOL. One of the shortest in the country along with Louisiana and Kentucky. Clock starts from denial. Act immediately. |
| Texas | 2 years | Texas Civil Practice 16.003 — tort claim SOL. Chapter 541 statutory claim same period. Chapter 542 interest penalties separate. Short SOL — consult attorney promptly. |
| Utah | 3 years | UC 78B-2-305 — tort claim SOL. Clock starts from denial or discovery. |
| Vermont | 3 years | 12 VSA 512 — tort claim SOL. Clock starts from denial. |
| Virginia | 5 years | VA Code 8.01-246 — written contract SOL. Clock starts from denial. One of the longer periods. |
| Washington | 3 years | RCW 4.16.080 — tort claim SOL. IFCA (RCW 48.30.015) claims same period. Clock starts from denial. |
| West Virginia | 2 years | WV Code 55-2-12 — tort claim SOL. Short period — act quickly after any denial. |
| Wisconsin | 6 years | Wis. Stat. 893.43 — written contract SOL. Clock starts from denial. One of the longer periods. |
| Wyoming | 4 years | WS 1-3-106 — tort claim SOL. Clock starts from denial. |
What Actually Happened to Gregory in California
Gregory’s situation is one that plays out across the country every year. An insurer’s conduct that was clearly unreasonable — documented, provable, and actionable. The outcome depended entirely on knowing the law, acting quickly, and building the right case with the right attorney.
The pattern is consistent: policyholders who know their state’s specific rules, who document carefully, and who seek qualified legal counsel promptly consistently achieve better outcomes than those who accept the insurer’s position without challenge.
Your state’s law is specific. Your deadline is real. Do not wait.
What to Do Right Now
Identify your state’s relevant deadline from the table above. Calculate it from the date of the last denial or the last act of bad faith. Mark it on your calendar as an absolute deadline — not a suggestion.
Write down everything you remember. Dates, names, what was said. Do this today — memory fades and courts do not accept “I think it was around that time.”
Gather your documentation. Policy, denial letters, correspondence, proof of submissions, financial records showing harm. Organize chronologically.
Consult a bad faith insurance attorney immediately. Most consultations are free. Most cases are handled on contingency — no upfront cost. The attorney evaluates whether your case has merit and what it is worth. Do not attempt to negotiate with an insurer who has already acted in bad faith without legal representation.
Questions People Ask About Insurance Bad Faith Statute of Limitations by State 2026
Does the clock start when I was denied or when I first noticed the problem?
Most states use either the date of denial or the “discovery rule” — whichever gives the claimant more time. The discovery rule starts the clock when you knew or reasonably should have known about the bad faith conduct. This can extend the period in cases where the insurer’s conduct was not obvious. Ask your attorney which rule applies in your state and to your specific facts.
What if the insurer is still negotiating — does the SOL still run?
Yes — in most states. Active negotiations do not automatically toll (pause) the statute of limitations. This is exactly the tactic insurers use to run out the clock while appearing cooperative. Your attorney may be able to file a protective lawsuit while negotiations continue — preserving your legal rights without necessarily forcing immediate litigation.
Can I file a regulatory complaint to extend my time to sue?
Filing a complaint with your state insurance department does not toll the statute of limitations in most states. The two processes — regulatory complaint and civil lawsuit — run independently. Do not use a regulatory complaint as a substitute for filing suit when your SOL is approaching.
What happens if I miss the deadline?
Your case is permanently barred — regardless of how strong it was on the merits. The insurer’s attorney files a motion to dismiss citing the expired statute, and the court grants it. This is why no good attorney will let a client sit on a strong case as the deadline approaches.
National Association of Insurance Commissioners (NAIC) ·
State Insurance Department Official Websites · State Civil Statutes of Limitations · State Insurance Code Provisions
📋 Disclaimer: The information on this page is for general educational purposes only and does not constitute legal advice. Statutes of limitations and insurance bad faith laws vary by state and change through legislation and court decisions. The information here reflects our research as of early 2026. Always verify current deadlines with a licensed attorney in your state before taking action — missing a deadline permanently bars your claim. USARoundup.com is not a law firm and does not provide legal representation of any kind.
Last reviewed and updated for 2026 · USARoundup.com
