Wesselman v. Travelers Indemnity Company

Plaintiff appeals from an adverse summary judgment in an action on an insurance contract for theft of personal property. The question is whether the limitation period specified in the contract prevails over the Statute of Limitations of the State in which the contract was issued.

This action was commenced more than two years after the loss. The insurance contract contained a 12 month limitations period “after the inception of the loss”. The State of Indiana, in which the contract was issued, had a ten year limitations period for all contract actions. The policy here contained the following…