Executive Plaza, LLC v. Peerless Insurance

CHIN, Circuit Judge:

This case asks us to consider the interplay between two provisions in a fire insurance policy. One requires the insured to file suit on the policy within two years. The second requires the insured, when seeking replacement costs, to replace the damaged property before bringing suit, and to complete the replacement work “as soon as reasonably possible.” What happens to insured property that cannot reasonably be replaced within two years? As New York case law does not clearly resolve the question raised by this appeal, we conclude that certification to the New York State…