The Clock is Ticking--Set an Alarm for Your Insureds: Time Limit to File a Proof of Loss & Time Limit to Sue the Insurer (Exposures and Coverages‪)‬

Allegany Co-op Insurance sent its insured, Michael Stoppani, a letter demanding a proof of loss in connection with tire damage he had reported. The letter was sent by both regular and certified mail. Michael received the certified mail letter on March 9th, 2009. He submitted the proof of loss on May 8th, 2009, which is 60 days from March 9th. However, the insurance company's claims manager testified that Michael called her on March 6th to discuss the regular mail letter that he'd received that day. The insurance company argued that the 60-day period started on March 6th and that Michael was three days late in responding to its demand for a proof of loss. (1) In the ensuing lawsuit, Michael's attorney argued that the 60 days should be counted starting with the date that the certified-mail letter was received or, in the alternative, that the three-day difference was between the date the proof was due, based on the receipt of the regular mail letter, and the date it was submitted to the insurance company was "de minimis" (legal-speak for so small a difference that it does not matter).