Mitchell v. State Farm Fire & Casualty Co.

Plaintiffs, Bruce and Deborah Mitchell, filed suit against defendant, State Farm Fire and Casualty Company, to compel defendant to provide coverage pursuant to an insurance policy. Defendant moved to dismiss on the basis that plaintiffs’ suit was barred by a one-year limitations period found in the insurance policy. The trial court granted defendant’s motion to dismiss, and plaintiffs appeal. We reverse and remand.

According to plaintiffs’ second-amended complaint, their house burned down on November 11, 1999. Plaintiffs had an insurance policy through defendant that would have covered the…