ALORNA COAT CORP. v. LUMBERMENS MUT. CAS. CO.


167 A.D.2d 329 (1990)

Alorna Coat Corp., Respondent, v. Lumbermens Mutual Casualty Company, Appellant

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

November 29, 1990


In this action for breach of a contract of insurance covering business interruptions, plaintiff served its claim more than one year, but less than two years, after the occurrence. Although the policy contained a one-year contractual limitations period, defendant did not assert any affirmative defense on this ground, as defendant regarded the two-year limitation imposed under the standard fire insurance policy required by Insurance...

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