There are deadlines for filing lawsuits and if those time limits are not honored, then there is no case. This is illustrated in a Southern District, Houston Division, opinion released on July 2, 2019. The case is styled, Nancy Roberson v. Allstate Vehicle and Property Insurance Company.
Roberson sued Allstate in state court asserting causes of action for breach of contract, violations of the Texas Insurance Code, violations of the Texas Deceptive Trade Practices Act, (DTPA) and common law fraud. Allstate timely removed the case to federal court. Allstate then filed a Rule 12(b)(6) Motion to Dismiss.
The background in this case is that Roberson had Allstate coverage for her home when in February 2016, she filed a claim for hail damage. An adjuster determined that her roof was in great condition and that her loss was below her deductible.