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An agreement curtailing the period of limitation has been distinguished from an agreement resulting in…

These clauses were commonly found in insurance agreements, where insurers sought prompt notification or proceedings so that a loss could still be verified reliably. Older…

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An agreement curtailing the period of limitation has been distinguished from an agreement resulting in the release or forfeiture of the rights if an action is not brought within a certain period. Such clauses are generally there in

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These clauses were commonly found in insurance agreements, where insurers sought prompt notification or proceedings so that a loss could still be verified reliably. Older decisions distinguished shortening the statutory time to sue from extinguishing the underlying policy right. Section 28 was amended in 1997 to address contractual extinction of rights or discharge of liability that restricts enforcement, so identifying the historical insurance practice does not establish present validity of every such clause.

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