Leo Aimonetto and Genevieve Aimonetto v. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, a Corporation

MURRAH, Chief Judge.

This suit is founded on two Wyoming fire insurance policies, each of which contains a standard suit limitation provision to the effect that no action on the policy shall be sustainable unless commenced within twelve months from the date of the loss. Suit was not commenced until more than thirty months after the loss.

On trial to the court without a jury the only issue was whether the insurer had waived or was estopped to assert the admittedly valid time limitation. The trial court held that the provisions of the policies were clear and unambiguous and that the insurer did…