MONROE SHOPPING CTR., INC. v. UTICA MUT. INS. CO.


65 A.D.2d 770 (1978)

Monroe Shopping Center, Inc., et al., Respondents, v. Utica Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 13, 1978


Order reversed, on the law, with $50 costs and disbursements, and motion granted.

In our opinion the provision on page two of the policy, that "No suit or action on this policy * * * shall be sustainable in any court of law or equity * * * unless commenced within twelve months next after inception of the loss", applies to the "Vandalism or Malicious Mischief Endorsement". Thus, on the undisputed facts, the instant action is time-barred (see Proc v Home Ins. Co...

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