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Hamm v. Allied Mutual Insurance Co.6/1/2000
ional rules regarding commencement of the contract statute of limitations to make this determination. The general rule is that the contract statute of limitations commences upon the date the contract is breached. See Diggan, 576 N.W.2d at 102. With respect to insurance policies, a breach occurs when the insurer denies an insured's request for benefits. Applying these principles to the facts of this case, we conclude that the limitations period for plaintiffs' UIM claim against Allied commenced on the date that Allied denied plaintiffs' request for UIM benefits under their Allied policy.
C. Application of law to facts of case.
In this case, the automobile accident occurred on December 16, 1995, and plaintiffs settled with the tortfeasor on August 5, 1996. Plaintiffs therefore complied with the first condition, i.e., bring action against or settle with the tortfeasor within two years of the accident. The next condition plaintiffs needed to comply with in order to preserve their right to recover UIM benefits under the Allied policy was to bring suit against Allied within ten years of the date that Allied denied plaintiffs' claim for benefits. Although the record does not identify the date that Allied denied plaintiffs' claim, it is obvious that plaintiffs' suit against Allied was filed within the ten-year period. The district court therefore incorrectly concluded that plaintiffs' suit was time barred.
VII. Disposition.
Defendant Allied's motion to dismiss the appeal, or in the alternative to strike portions of plaintiffs' brief, was ordered submitted with the appeal. Upon due consideration, the motion is overruled.
For reasons stated above, we reverse the judgment of the district court and remand for further appropriate proceedings.
REVERSED AND REMANDED.
All justices concur except Cady, J., who takes no part.
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