National Refrigeration v. Trav. Indmty.

DECISION

The sole issue raised by the cross motions for summary judgment before the Court is whether or not an appraisal provision in an insurance contract is time-barred by a limitations provision within the same contract. For the following reasons, the Court finds that it is so barred as there is no ambiguity in the contract language — specifically, that the limitation provision applies to suits brought pursuant to the appraisal provision, and it expired years before the instant suit was brought. Furthermore, the Court finds there is no factual reason to toll the limitations period. The…