Bowers v. Safeco Insurance Co. of America

Birdsong, Chief Judge.

Cline Bowers complains of a grant of summary judgment to his insurer, Safeco Insurance Company of América, awarded on the basis that Bowers, in violation of the policy limitation, filed suit against Safeco more than a year after his fire loss of May 3, 1985. Bowers contends Safeco’s actions led him into believing his claim would be paid without litigation, and that Safeco, by its actions, waived the contract provisions requiring that suit on the contract be initiated within twelve months of a loss. Held:

1. Summary judgment to Safeco was proper in this case. The record…