Guastello v. Citizens Mutual Insurance

Levin, P. J.,

On October 14, 1963, a restaurant operated by plaintiff Russell Guastello was partially destroyed by fire. The restaurant was located in premises leased from defendant Alpine Drive-In Restaurant, Inc. Guastello carried Michigan standard policies of fire insurance with defendants Citizens Casualty Company and Zurich Insurance Company. The policies provide, as required by the relevant statute, that action thereon must be “commenced within 12 months next after inception of the loss.”

On February 24, 1964, well within the 12-month period, Guastello commenced action against both…