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TERPELUK v. INSUR. CO. OF N. AMERICA

189 Pa.Super. 259 (1959)

Terpeluk v. Insurance Company of North America, Appellant.

Superior Court of Pennsylvania.

Reargued March 18, 1959.

April 16, 1959.

Attorney(s) appearing for the Case

Richard W. Hopkins, with him White, Williams & Scott, for appellant.

Max C. Baylinson, for appellees.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN and WATKINS, JJ.

OPINION BY WRIGHT, J., April 16, 1959:

George Terpeluk and his wife, Anna, instituted suit in assumpsit against the Insurance Company of North America on a policy of fire insurance with extended coverage, alleging a loss by windstorm. The company defended on the grounds (1) that the loss was not caused by windstorm and (2) that plaintiffs had failed to comply with a condition of the policy requiring them to commence suit "within twelve months next after inception...

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