Kirk v. Firemen's Insurance Co.

Litz, Judge:

Tbis writ was awarded to a judgment in favor of the plaintiff for $1200.00 on a New York Standard fire insurance policy issued to Mm by the defendant.

The only defense is that the right of action is barred by limitation in the policy, providing that the loss shall be payable 60 days after proof, and that no action shall be maintainable unless commenced within twelve months next after the fire. This Court has held that the two provisions should be construed together and that when so construed the period of limitation does not begin to run until the accrual of the cause of action, 60…