Clark v. Truck Insurance Exchange

OPINION

By the Court,

Batjer, J.:

Appellant brought suit against respondent seeking to recover money allegedly due pursuant to an insurance policy issued to the appellant by the respondent. Respondent moved for summary judgment contending that the suit was barred by a clause in the policy which required that suit be brought within 12 months after the “inception of the loss”. 1 The district court agreed and granted the motion. On appeal appellant contends that it was error to grant the summary judgment because the limitation period did not begin to run until the respondent formally denied…