General Instrument Corp. v. American Home Assurance Co.

MEMORANDUM AND ORDER

BECHTLE, District Judge.

Before the Court is defendant’s motion to dismiss plaintiffs’ complaint for failure to state a claim upon which relief can be granted. Resolution of the motion depends upon the interpretation to be given a limitation of action clause contained in the insurance contract upon which this diversity suit is based.

Unlike the meaning of the clause in question, the facts relevant to a determination of the motion are both clear and undisputed. On January 14, 1971, defendant executed Special Floater Policy No. IF4664731 which, effective April 14, 1971,…