Roy v. Metropolitan Property & Casualty Insurance

Opinion

BISHOP, J.

The plaintiff, Paola Roy, appeals from the judgment of the trial court rendered following the granting of the motion for summary judgment filed by the defendant, the Metropolitan Property & Casualty Insurance Company. On appeal, the plaintiff claims that the court improperly rendered summary judgment on the basis that her claim was barred because she failed to commence suit within one year of the date of the loss, as required by the insurance policy. We conclude that the record reflects a material question of fact as to whether the defendant waived its right to enforce the…