Gravely v. Southern Trust Insurance

Underwood, Judge.

This is a suit upon an insurance contract which provides, inter alia: "Suit. No suit or action on this policy for the recovery of any claim shall be sustainable . . . unless commenced within twelve months next after inception of the loss.” "7. Conformity with Statute. The *94terms of this policy and forms attached hereto, which are in conflict with the statutes of this state wherein this policy is issued are hereby amended to conform to such statutes.”

Plaintiff, having filed suit some eighteen months after the loss, contended that under Queen Tufting Co. v. Fireman’s Fund Ins.…