O'Brien v. Country Mutual Insurance

Plaintiff sues the defendant insurance company on a casualty insurance policy covering loss to plaintiff’s barn. The trial court sustained defendant’s motion to dismiss the suit on the ground that it was not filed within the 12-month limitation period set forth in the policy. Plaintiff’s motions to vacate the order of dismissal and for leave to file an amended complaint were denied and he thereupon appealed. He contends that defendant waived the limitation provision. The facts follow.

The policy was issued on November 10, 1961. It contained the following provision:

“Suit. No suit or action on…