In light of the nonwaiver agreement contained in the March 24, 1995 facsimile communication, the terms of which plaintiff accepted, we agree that there are outstanding factual issues as to the actual date the covered property was lost and whether defendant waived its objection to the timeliness of the claim, precluding summary application of the policy's two-year limitations period. There are also outstanding factual issues as to when plaintiff should have realized that the...
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