EXECUTIVE PLAZA, LLC v. PEERLESS INS. CO.

Docket No. 12-1470-cv.

717 F.3d 114 (2013)

EXECUTIVE PLAZA, LLC, Plaintiff-Appellant, v. PEERLESS INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 23, 2013.


Attorney(s) appearing for the Case

David Tolchin , Jaroslawicz & Jaros LLC, New York, NY, for Plaintiff-Appellant.

Scott D. Storm , Mura & Storm, PLLC, Buffalo, NY, for Defendant-Appellee.

Before: WINTER, CHIN, and DRONEY, Circuit Judges.


CHIN, Circuit Judge:

This case asks us to consider the interplay between two provisions in a fire insurance policy. One requires the insured to file suit on the policy within two years. The second requires the insured, when seeking replacement costs, to replace the damaged property before bringing suit, and to complete the replacement work "as soon as reasonably possible." What happens to insured property that cannot reasonably be replaced within two years...

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