Bocchino v. Nationwide Mutual Fire Insurance

BERDON, J., with whom MCDONALD, J.,

joins, dissenting. The majority, in affirming the trial court, brings this court’s jurisprudence back to the period of early English common law when the slightest procedural error would result in the dismissal of a plaintiffs complaint and be a bar to obtaining an adjudication on its merits.1 As a result of the majority’s decision today, any person insured under a fire insurance policy who (1) puts the insurer on notice of a claim, (2) files timely proof of loss for the claim, (3) files an action against the insurer within one year of the date of loss, as…