McMahon v. Millers National Insurance

On August 27, 1968, plaintiffs filed suit on a “homeowners” insurance policy for a loss caused by vandalism in May of 1963. The insurance policy contained a clause requiring that an action on the policy be “commenced within twelve months next after inception of the loss.” Defendant filed a motion to strike the complaint on the ground that the suit was not commenced within the time allowed by the policy. The trial court granted the motion and dismissed the cause. Plaintiffs appeal from that judgment.

Plaintiffs contend that the clause in the contract of insurance requiring suit to be brought…