How is tolling calculated for insanity?

• A. Tolling is always 10 years.
• B. Tolling ends when insanity ends, regardless of remaining SoL.
• C. Tolling lasts for 10 years or until insanity ends, whichever comes first.
• D. Infancy tolling applies simultaneously.

Answer: (C)

Tolling during insanity pauses the running of the statute of limitations, but only up to a maximum of ten years. If the person regains sanity before that ten-year cap is reached, the tolling ends immediately. If insanity lasts beyond ten years, the tolling ends at the ten-year mark and the clock resumes from there.

This means a claim is protected from being time-barred while someone is insane, but not protected indefinitely—the clock won’t be stretched beyond ten years of tolling. For example, if someone becomes insane early in the period and recovers before ten years have passed, the tolling ends at recovery. If they remain insane for the full ten years, the tolling ends at that point, and the usual SOL rules apply from there.

The other statements miss this balance: tolling isn’t always ten years, it isn’t limitless if insanity ends later, and infancy tolling is a separate concept that isn’t described as occurring simultaneously with insanity tolling.