Webb v. Kentucky Farm Bureau Insurance Co.

WHITE, Judge.

This is an appeal from an order of the Perry Circuit Court dismissing the appellant’s action to recover for fire loss under his homeowner’s policy because the action was not brought within 12 months of the inception of the loss. The issue presented by this appeal is whether the provision in the policy containing the one-year limitation on the commencement of actions is in conflict with the general statute of limitations on actions on written contracts found in KRS 413.090(2).

The appellant’s residence and all its contents were destroyed by fire on April 20, 1976. On April 27,1977,…