Sentences with phrase «limitation provisions»
The phrase "limitation provisions" refers to rules or conditions that set boundaries or restrictions on something. These provisions establish the maximum extent or amount of something, often to control or reduce risk, protect rights, or define the scope of an agreement or law. Full definition
2012)-- In case of first impression under Maine law, district court concluded that statutory unfair claims practices counts were time barred based on suit limitation provision in homeowner's policy.
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Limitation provisions provide a defence to the claim; they do not go to jurisdiction.
The U.S. Supreme Court affirmed the Second Circuit's decision, resolving a conflict among Circuit Courts regarding the interplay between contractual limitations provisions required by most states» insurance laws and federal case law regarding accrual of ERISA claims.
It also means that claimants who wish to take advantage of the different limitation provisions in the High Court (in general, better for standalone claims) and in the CAT (in general, better for follow - on) now have the option of starting claims in both jurisdictions and then seeking to consolidate them in the CAT.
«If a statutory limitation provision, properly interpreted, applies to the claim under consideration, equity will apply it in obedience to the statute, as indeed it must.
On my proposed disposition of these appeals, the issue whether the claim for libel in the internet version of the article is subject to the notice and limitation provisions of the Act is relevant only to the issue of discoverability, an issue I would also leave to be determined at trial.
Greenberg in his tweet also mentioned Sens. Neil Breslin (D - Albany) and Kemp Hannon (R - Nassau County), who, like DeFrancisco, told The News they oppose the bill because they don't believe in doing away entirely with statute - of - limitation provisions that cap how long a criminal or civil case can be brought.
This was dramatized in the 1978 enactment of California's famous tax - limitation provision, Proposition 13.
If the contract is a «business agreement,» the limitation provisions must be very carefully scrutinized and complied with.
The claimant contended that the judge should have decided that, because the Parole Board had not made an application under CPR Pt 11 to strike out the claim within 14 days of filing of acknowledgement of service, it had lost its right to rely on the limitation provisions in s 7 of the Human Rights Act 1998.
Application of limitation provisions will vary across jurisdictions.