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EXECUTIVE PLAZA v. PEERLESS

No. 2

22 N.Y.3d 511 (2014)

5 N.E.3d 989

982 N.Y.S.2d 826

2014 NY Slip Op 898

EXECUTIVE PLAZA, LLC, Appellant, v. PEERLESS INSURANCE COMPANY, Respondent.

Court of Appeals of New York.

Decided February 13, 2014.

Attorney(s) appearing for the Case

Jaroslawicz & Jaros LLC, New York City ( David Jaroslawicz and David Tolchin of counsel), for appellant.

Robins, Kaplan, Miller & Ciresi L.L.P. ( John N. Love , of the Massachusetts bar, admitted pro hac vice, of counsel) and Mura & Storm, PLLC, Buffalo ( Scott Storm of counsel), for respondent.

Amy Bach , San Francisco, California, and Anderson Kill P.C., New York City ( William G. Passannante of counsel), for United Policyholders, amicus curiae.

Wilkofsky, Friedman, Karel & Cummins, New York City ( Mark L. Friedman of counsel), for New York Public Adjusters Association, amicus curiae.

OPINION OF THE COURT

SMITH, J.

This case involves a fire insurance policy that contains a clause limiting the time in which the insured may bring suit under the policy. The limitation period is two years, running from the date of the fire. The policy also says that the insured may recover the cost of replacing destroyed property — but only after the property has already been replaced. Thus, if (as...

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