O'Reilly v. Allstate Insurance Co.

OPINION

LANSING, Judge.

The insured under a homeowner’s policy appeals the trial court’s summary judgment enforcing the policy’s one-year claims limitation clause. We reverse the summary judgment and remand for determination of the date of loss.

PACTS

Linda O’Reilly sued Allstate Insurance Company in June 1989 for refusal to provide coverage for wind damage under her homeowner’s policy. In July 1983 a severe thunderstorm cracked the basement walls and foundation of O’Reilly’s house. O’Reilly filed a claim shortly after the storm, but Allstate denied coverage because, according to Allstate’s…