Defendant provided plaintiff a total-loss policy for plaintiff’s motorcycle, which required that “legal action relating to coverages” had to be brought “within one year immediately following the date of the accident or loss”. When plaintiff had a total loss in April 2015, defendant denied the claim. Plaintiff filed suit in September 2016, voluntarily dismissed the action in February 2018 and refiled the next month. The district court dismissed plaintiff’s action.
Where the parties’ policy required plaintiff to file an action for coverage within one year of the date of accident or loss, plaintiff’s lawsuit filed nearly three years after the total loss of his motorcycle was patently untimely.
Judgment is affirmed.
Petersen v. State Farm Mutual Auto. Ins. Co. (MLW No. 72715/Case No. 18-2507 – 3 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa