Marshall's Inc. v. Federal Insurance

This is an action by an insured to recover damages under a fire insurance policy issued by the defendant insurer. The complaint alleged underpayment of a claim for losses sustained as a result of fire on June 20,1974, at the insured’s warehouse in the U.S. Virgin Islands. The insurer answered, alleging expiration of the relevant statute of limitations and asserting by way of counterclaim that the plaintiff had been overcompensated.

*854The case was tried on a “[stipulation of [ujndisputed [ejvidence.” The judge ruled that the action was filed within the relevant limitations period and that the…