Reed v. Commercial Insurance

WOODRICH, J. (Pro Tempore).

This is an action on an insurance contract covering plaintiff’s tractor. The court tried the case without a jury and found for the defendant on the ground that plaintiff’s action was not brought within the 12-month limitation provision of the insurance contract. Plaintiff on trial asserted, but did not plead, that defendant was estopped from relying on the limitation provision. The trial court found against the plaintiff on this contention and plaintiff assigns this ruling as error.

The insured tractor was damaged when it proceeded unattended into a log pond during…