Guilekas v. Excelsior Insurance

An insured, plaintiff Guilekas, is suing Ms insurance company upon a loss he sustained which has not been paid. He moves to strike the affirmative defense of the defendant Excelsior Insurance Company based upon his failure to commence this action within 12 months after inception of the loss. That limitation is written right into the policy and Excelsior not only opposes the motion but cross-moves for summary judgment dismissing the complaint by reason of Guilekas ’ failure to sue within the time specified. There is no question but that the insurance policy provides for a 12-month period…