General Electric Credit Corp. v. Home Indemnity Co.

Quillian, Presiding Judge.

Plaintiff, the named lienholder in a loss payable endorsement forming a part of an insurance contract covering certain property owned by the named insured, brought this action on the insurance contract and in tort against the defendant insurance company, for losses to property covered by the insurance contract. By an amendment to its answer, defendant raised the defense that plaintiffs complaint is barred by a term in the insurance contract requiring that suit be brought within 12 months of the loss.

Defendant filed a motion for summary judgment based on the bar of…