Closser v. Penn Mutual Fire Insurance

HORSEY, Justice:

This appeal raises a single issue — the timeliness of an insured’s suit against his insurer to recover his portion of policy benefits from a fire loss on covered property owned in part by the insured.

Plaintiff, Raymond Closser, appeals Superior Court’s grant of summary judgment to defendant, Penn Mutual Fire Insurance Company (hereafter “Penn Mutual” or “the insurer”). Summary judgment was granted on basically two grounds: (1) that the suit was time barred by the policy’s twelve month suit limitation provision; and (2) that Closser had failed to meet his burden of proving…