Alorna Coat Corp. v. Lumbermens Mutual Casualty Co.

Judgment, Supreme Court, New York County (John Doyle, J.), entered July 6, 1989, which, after a jury trial, awarded plaintiff damages totaling $340,658.56, unanimously affirmed, with costs.

In this action for breach of a contract of insurance covering business interruptions, plaintiff served its claim more than one year, but less than two years, after the occurrence. Although the policy contained a one-year contractual limitations period, defendant did not assert any affirmative defense on this ground, as defendant regarded the two-year limitation imposed under the standard fire insurance…