HIBDON v. TRUCK INSURANCE EXCHANGE

No. 17948.

657 P.2d 1358 (1983)

Jerry HIBDON dba You Look Sharp Clothing, Plaintiff and Appellant, v. TRUCK INSURANCE EXCHANGE, Defendant and Respondent.

Supreme Court of Utah.

January 24, 1983.


Attorney(s) appearing for the Case

Stanley S. Adams, Salt Lake City, for plaintiff and appellant.

Frank A. Roybal, Bountiful, for defendant and respondent.


HOWE, Justice:

Plaintiff seeks the reversal of a summary judgment which dismissed a suit that he had filed against defendant to recover losses suffered when his clothing business was damaged by fire.

Plaintiff had been insured by a policy which provided coverage for fire damage but he had allowed the policy to expire. A provision of limitation in the expired contract stated:

No suit or action on this policy for the recovery of any claim shall be sustainable...

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