Darnell v. Fireman's Fund Insurance

Ebhrhardt, Judge.

Plaintiff filed suit January 5, 1966, alleging a loss occurring October 23, 1964, covered by a policy issued to him by the defendant. On the basis of a policy provision that no suit could be brought after twelve months from the inception of the loss a motion by defendant for summary judgment was granted and plaintiff appeals, urging that the twelve-month limitation contained in the policy is at variance with the statute of limitation as to simple contracts (six years) in Code § 3-705. Held:

“This court has decided that a contract limitation upon the right to sue, fixing a…