Terpeluk v. Insurance Co. of North America

Opinion by

Wright, J.,

George Terpeluk and his wife, Anna, instituted suit in assumpsit against the Insurance Company of North America on a policy of fire insurance with extended coverage, alleging a loss by windstorm. The company defended on the grounds (1) that the loss was not caused by windstorm and (2) that plaintiffs had failed to comply with a condition of the policy requiring them to commence suit “within twelve months next after inception of the loss”. Defendant’s motion for a compulsory nonsuit was overruled, and its point for binding instructions was refused. The jury returned a…