Graham v. United Services Automobile Ass'n

By Judge Craig D. Johnston

This matter came on on a plea in bar of United Services Automobile Association (USAA), asserting that this suit is barred by the limitation period provided in the contract of insurance. I took this plea in bar under advisement and report my decision herein.

Issues Presented

I. The main issue presented is whether the two-year limitation period in the fire insurance policy is contractual or statutory. This determines whether the limitation period is subject to the tolling provision under Va. Code § 8.01-229(E).

II. A subsidiary issue raised by the Defendant is whether…