Holland v. Independent Fire Insurance Company

Shulman, Chief Judge.

Appellant brought suit against appellee for its refusal to make payment pursuant to a fire insurance policy held by appellant. The jury returned a verdict for appellant, but the trial court granted appellee’s motion for judgment notwithstanding the verdict. The trial court’s decision was based on appellant’s failure to bring suit within one year from the date of loss as is required by the policy. The correctness of that ruling is challenged in appellant’s sole enumeration of error.

1. The first argument advanced by appellant is that appellee, by its conduct, waived the…