Peck v. German Fire Insurance

This is an action upon a fire insurance policy containing the following provision:

“No suit or action on this policy for the recovery of any claim shall be snstainable in any court of law or -equitv unless commenced within 12 months next after the fire.”

There is no testimony showing any waiver of this provision. On the contrary, the defendant promptly denied liability, and returned the proofs of loss immediately upon their being furnished. The suit cannot therefore be maintained unless it was in -fact commenced within one year from the time of the fire. Steele v. Insurance Co., 93 Mich. 81;…