Queen Tufting Co. v. Fireman's Fund Insurance

Quillian, Presiding Judge.

Queen Tufting Company filed a complaint against its insurer, the defendant, Fireman’s Fund Insurance Company, seeking recovery for loss of yarn by theft. The defendant insurance company filed its motion for summary judgment on the ground that plaintiffs failure to file suit within the time stated in the insurance contract barred this action. The court granted defendant’s motion. Plaintiff appeals. Held:

The policy of insurance issued by defendant to the plaintiff contains the following: "No suit or action on this policy for the recovery of any claim shall be…