Sec. 1074. Revision to statute of limitations for aviation insurance claims
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/bill/113/hr/3979/eah/section-1074A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 44309 of title 49, United States Code, is amended— in subsection (a)(2), by adding at the end the following new sentence: A civil action shall not be instituted against the United States under this chapter unless the claimant first presents the claim to the Secretary of Transportation and such claim is finally denied by the Secretary in writing and notice of the denial of such claim is sent by certified or registered mail. ; and by striking subsection
(c)and inserting the following new subsection (c): Except as provided under paragraph (2), an insurance claim made under this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation within two years after the date on which the loss event occurred. Any civil action arising out of the denial of such a claim shall be filed by not later than six months after the date of the mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary. For claims based on liability to persons with whom the insured has no privity of contract, an insurance claim made under the authority of this chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of Transportation by not later than the earlier of— the date that is 60 days after the date on which final judgment is entered by a tribunal of competent jurisdiction; or the date that is six years after the date on which the loss event occurred. Any civil action arising out of the denial of such claim shall be filed by not later than six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary. A claim made under this chapter shall be deemed to be administratively denied if the Secretary fails to make a final disposition of the claim before the date that is 6 months after the date on which the claim is presented to the Secretary, unless the Secretary makes a different agreement with the claimant when there is good cause for an agreement. . The amendments made by subsection
(a)shall apply with respect to a claim arising after the date of the enactment of this Act.