What is the Statute of Limitations for a Bad Faith Claim?
In California, the statute of limitations for filing a bad faith claim depends on the nature of the legal action being pursued. It is critical to consult an attorney promptly to ensure you do not miss these strict filing deadlines.
Following are the primary deadlines for bad faith litigation in Sacramento:
- Tortious Bad Faith: A claim for tortious bad faith is generally subject to a two-year statute of limitations from the discovery of the insurer’s bad faith conduct. Under California Code of Civil Procedure section 335.1, this applies to tort actions involving unreasonable conduct.
- Breach of Contract: A claim based on a breach of the insurance contract typically must be filed within four years of the breach.
Because the applicable deadline depends on the specific facts of your case, early legal review is recommended to preserve your rights to both contract and extracontractual damages.
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