United States Second Circuit

Pursuant to New York Court of Appeals answer to the certified question: in a case where a fire insurance policy contains 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 a provision requiring an insured to bring suit within two years after the loss, and the property cannot reasonably be replaced in two years, the two-year contractual limitation period is "unreasonable and unenforceable."

Appellate Information

• Decided 03/11/2014
• Published 03/11/2014

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel