Sterling Savings & Loan Ass'n v. Reserve Insurance

MR, JUSTICE KLUCZYNSKI

delivered the opinion of the court.

Plaintiff, Sterling Savings & Loan Association, brought suit as mortgagee on a fire insurance policy for loss to property which secured its loan. Defendant, Reserve Insurance Company, insurer, denied liability upon the ground that plaintiff was restricted by the mortgagee clause of the policy to file suit within one year of the fire loss and having filed its action beyond that period it came too late. Based upon the pleadings, the trial court dismissed the suit and plaintiff brought this appeal.

No facts concerned in this appeal are in…