Bowen v. Buchanan County Mutual Insurance Co.

BRECKENRIDGE, Judge.

Randy D. Bowen appeals from the dismissal of his petition for damages on a fire insurance policy. He contends that the trial court erred in granting Buchanan County Mutual’s motion to dismiss because: (1) in order for the one-year statute of limitations to apply, the language of limitation must be prominent on the face page of an assessable policy and such was not the case in the instant action; (2) the question of whether the language was clearly and prominently displayed was a jury question and not a question of law subject to a motion to dismiss; and (3) the statutory…