Appleby v. Merastar Insurance

Ruffin, Judge.

Margaret Appleby sued her homeowners insurance carrier, Merastar Insurance Company (“Merastar”), alleging that it failed to pay for a loss she suffered when her home was burglarized. Merastar moved for summary judgment on the ground that Appleby did not file her complaint within one year after the date of the loss as required by the insurance policy. The trial court granted Merastar’s motion, and Appleby appeals from that order. For reasons which follow, we reverse.

Summary judgment .should be granted only where “the court, viewing all the facts and reasonable inferences from…