§431:10C-315 Statute of limitations. (a) No suit shall be brought on any contract providing motor vehicle insurance benefits or any contract providing optional additional coverage more than the later of:
(1) Two years from the date of the motor vehicle accident upon which the claim is based;
(2) Two years after the last payment of motor vehicle insurance benefits;
(3) Two years after the entry of a final order in arbitration;
(4) Two years after the entry of a final judgment in, or dismissal with prejudice of, a tort action arising out of a motor vehicle accident, where a cause of action for insurer bad faith arises out of the tort action; or
(5) Two years after payment of liability coverage, for underinsured motorist claims.
(b) No suit arising out of a motor vehicle accident shall be brought in tort more than the later of:
(1) Two years after the date of the motor vehicle accident upon which the claim is based;
(2) Two years after the date of the last payment of motor vehicle insurance or optional additional benefits; or
(3) Two years after the date of the last payment of workers' compensation or public assistance benefits arising from the motor vehicle accident. [L 1987, c 347, pt of §2; am L 1997, c 251, §49; am L 1998, c 275, §28]
Case Notes
Section requires suit for breach of contract to be filed within two years after receipt by claimant of last benefit payment. 794 F. Supp. 1012.
Summary judgment granted in favor of defendant with respect to any claim seeking to recover underinsured motorist benefits under automobile insurance policy, where any claim regarding underinsured motorist benefits, including the bad faith denial thereof, was barred by the limitations period set forth in this section (pre-1997 amendment). 11 F. Supp. 2d 1204.
Where plaintiff's negligence action was filed more than two years after insurance company made its lump sum payment to plaintiff in full satisfaction of the release, plaintiff's suit was time-barred. 105 H. 66 (App.), 93 P.3d 1173.