3.7.2 Time Limit To Bring a Claim

• Jurisdiction: Arizona

While courts recognize that time limitation provisions serve an important function by protecting insurance companies from prejudice, they only enforce these limitation provisions when an insurer can demonstrate actual prejudice.^[333]

The Arizona courts have applied the actual prejudice standard to a notice limitation clause in a medical payment provision. In Salerno v. Atlantic Mutual Insurance Co.,^[334] the claimant became injured in November, 1993; filed suit against the tortfeasor in October, 1994; and...