Danielson v. Insurance Co. of North America

ORDER

ALBERT J. HENDERSON, District Judge.

Presently before the court is the question whether an insured, who, 45 days after damage to the insured airplane, receives a letter from his insurer explicitly denying coverage for the event for which payment is demanded and refusing to furnish proof of loss forms, can assert a policy provision barring suit until 30 days after proof of loss forms are filed with the insurer as rendering ambiguous or impossible a policy provision requiring that, if suit against the insurer is not filed within 12 months after the date of the crash, the insured is forever…