Johnson v. Phoenix Assurance Co.

Barnett, J. † —

The plaintiffs (appellants before this court) sued upon an insurance policy for damages to their house. This appeal is from a summary judgment dismissing plaintiffs’ suit with prejudice because it was not brought within the time limit for commencement of actions on the policy.

The facts are direct and simple. On November 20, 1963, a windstorm caused a tree to fall on and damage the plaintiffs’ house. Plaintiffs claimed that the insurance policy they carried with defendant insurer covered such damage. The defendant-insurer denied liability on January 6, 1964. The complaint was…