Emick v. Farmers Mutual Fire Insurance

WOLFE, P.J.,

The pleadings are closed and defendant has moved for judgment on the pleadings.

Factually, plaintiff incurred hail damage to the roof of his dwelling accompanying a tornado on May 31, 1985. Plaintiffs premises were covered by defendant’s policy for such damage, and under the terms thereof required notice of loss' to be given within 60 days and provided, “No suit to recover for any property claim may be brought against us unless the suit is commenced within one year after the loss.”

Plaintiff submitted his loss to defendant on October 31, 1985, and filed suit on the policy on July…