Midwest Triangle Paint Works, Inc. v. Firemen's Insurance

This is an appeal from a summary judgment for defendants in a suit on policies insuring plaintiff against loss hy fire. Three of the defendants joined in a single brief. The Reserve Insurance Company filed a separate brief. Each policy contains a provision limiting the time for institution of suit to twelve months after loss.

Plaintiff sustained a fire loss on December 31, 1958. Suit was instituted on January 6, 1960, more than one year after the loss. Defendants’ motion for summary judgment is based on the ground that this is beyond the limitation period fixed by the policy. Plaintiff’s…