Fire5

It has come as a surprise to many an attorney that Oklahoma has a one year statute of limitation in which to file a lawsuit for a claim involving a fire loss. The one year limitation is set forth by statute in the statutory fire policy. This rule is a significant exception to the typical five year statute of limitations for a written contract. The one year time period has been given the approval of the Oklahoma Supreme Court since 1916 in the case of Wever v. Pioneer Fire Ins. Co., 1915 OK 1046, 153 P. 1146.

canstockphoto35287867Legal writers have observed over the years this one year statute of limitation may not be valid under Oklahoma’s Constitution. The Supreme Court has held in other cases that special legislation designed to protect a certain industry or class of individuals is unconstitutional. The one year requirement in which to file a suit involving a fire loss under a homeowners’ policy has been considered the law for close to 100 years and is recognized by most Oklahoma attorneys as the required time period.