Gallant v. Federal Mutual Insurance

The plaintiffs, as partners, conducted a store which was struck by a motor vehicle on May 4, 1962. Damage to the contents ensued. The loss was reported promptly to each of two insurance agencies which had written one or more of three policies. The policies required that suit be “commenced within two years from the time the loss occurred.” 2

At first, so one plaintiff testified, an agent denied that the policies covered the loss. In July or August, 1962, that agent, David Caddell, brought an independent adjuster named Johnson to the plaintiffs’ store. The plaintiffs talked with him and Caddell.…