Morgan v. International Aviation Underwriters, Inc.

Plaintiff appeals from the judgment entered in favor of defendant insurance company following the presentation of plaintiff’s evidence. (Code Civ. Proc., § 631.8.)

Both parties agree that said judgment rests entirely upon the trial court’s determination that this action to recover indemnity for property damage sustained as a result of the accidental destruction of plaintiff’s insured airplane is barred by a provision of the insurance policy which limits the time within which an action may be brought thereon to a period of one year following the date of loss.

Plaintiff’s amended complaint…