Md. Code Cts. & Jud. Proc. § 5-101
Insurance Bad Faith
Claims that an insurer acted unfairly.
Statute of Limitation in Maryland
The statute of limitations for a Maryland insurance bad faith claim is typically 3 years from the date the claimant knew.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the bad faith conduct was fraudulently concealed by the insurer, in which case tolling may apply until the claimant discovers the misconduct. If the bad faith claim is brought alongside a breach of contract claim, the two claims may carry different limitations periods. Contact an attorney.
Example Scenario
If an injury occurs on January 15, 2021, the deadline to file a Insurance Bad Faith claim is January 15, 2024.
Understanding Statutes of Limitations in Maryland
The statute of limitations for insurance bad faith in Maryland acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Maryland state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for insurance bad faith after the 3-years period has expired, the defendant will likely file a motion to dismiss the case. In Maryland, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Maryland law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Maryland serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (3 years in this instance), potential liability is extinguished.
Can this be resolved in Maryland Small Claims court?