Betty Brooks, Inc. v. Insurance Placement Facility of Delaware

This appeal and cross-appeal involves a claim by the plaintiffs, Betty Brooks, Inc. and William F. Brooks, to recover from The Insurance Placement Facility of Delaware (IPF), their insurance carrier, under a fire and extended coverage insurance policy for damages sustained to the roof of a building as a result of a windstorm. We first turn to the pertinent facts.

I

In June 1977, IPF issued fire and extended coverage insurance covering plaintiffs’ property. The policy contained the following provision:

“Suit. No suit or action on this policy for the recovery of any claim shall be sustainable in…