Elliano v. Assurance Co. of America

Opinion

HERNDON, J.

Plaintiff and appellant George H. Elliano brought this action to recover from respondent, Assurance Company of America, the amount of a fire damage loss involving his residence. After appellant had completed his presentation of evidence, the trial court, upon motion by respondent made pursuant to Code of Civil Procedure section 631.8, rendered judgment determining that the action was barred by appellant’s failure to make timely proof of loss and by his failure to commence the action on his claim within 12 months following the date of the fire.

The standard form fire insurance…