Marshburn v. AssociatEd Indemnity Corp.

MARTIN, Judge.

The primary question presented by the parties to this appeal is whether plaintiffs’ action to recover additional damages allegedly caused by the lightning is barred because it was not brought within the time provided by the insurance policy and by the applicable statute of limitations. We conclude that the action is barred and, for the reasons hereinafter stated, affirm the order of the trial court granting summary judgment for defendant.

Summary judgment is appropriate only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter…