United States Second Circuit

In appeal from judgment dismissing with prejudice plaintiff's complaint seeking indemnification for property loss caused by fire, pursuant to an insurance policy, the following question is certified: If a fire insurance policy contains: (1) a provision allowing reimbursement of replacement costs only after the property was replaced and requiring the property to be replaced "as soon as reasonably possible after the loss"; and (2) a provision requiring an insured to bring suit within two years after the loss; is an insured covered for replacement costs if the insured property cannot reasonably be replaced within two years?

Appellate Information

• Decided 05/23/2013
• Published 05/23/2013

Judges

• CHIN

Court

• United States Second Circuit

Counsel