Ashburn v. Safeco Insurance Co. of America

—Warren and Delores Ashburn appeal summary judgment dismissing their claim against Safeco Insurance Company of America, on the ground the Ashburns brought suit to collect for property damage on an insurance policy after expiration of the 12-month limitation of actions period provided in the contract.

The issue raised by the Ashburns is whether the 1-year contractual period of limitation of action on an insurance contract prevails over the statutory period of limitations on contracts even though the insurance company claims no prejudice. We conclude that the 1-year limitation of actions…