Dalzell v. London & Lancashire Fire Insurance

Citations

• 252 Pa. 265
• 97 A. 452
• 1916 Pa. LEXIS 604

Syllabus

<p>Insurance — Fire insurance — Limitation of time for suit — Construction.</p> <p>A policy of fire insurance provided in effect that no action should be brought thereon unless commenced within twelve months next after the loss; an action on a policy was brought in the Common Pleas Court, which was removed to the Circuit Court of the United States where plaintiff recovered a verdict; on appeal the judgment was reversed, “but without prejudice to the right of the plaintiff below to bring such other suit as he may be entitled to prosecute in whatever forum may have jurisdiction thereof.” Thereafter, and more than twelve months after the loss, plaintiff brought a second action on the policy. The lower court directed a verdict for defendant and entered judgment thereon. Held, no error.</p>