Meeker v. IDS Prop. Cas. Ins. Co.
Annotate this CaseRespondents brought an action against Appellant, their insurer, after Appellant denied their claim for property damage. The district court dismissed the action as untimely, concluding that although Respondents made service before the limitations period in the insurance policy expired, the action was untimely because they filed the affidavit of compliance after the policy’s limitations period had expired. The court of appeals reversed, concluding that that the affidavit of compliance may be filed after a limitations period has expired. The Supreme Court affirmed, holding that because Respondents filed the affidavit of compliance before the return day of the process, the service of process was effective, and Respondents’ suit was not barred by the limitations period in their insurance policy.
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