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Lardas, v. Underwriters Ins. Co.

Supreme Court of Pennsylvania
Jun 29, 1967
426 Pa. 47 (Pa. 1967)

Summary

holding that insured's ignorance of the loss did not excuse its failure to bring suit within the limitations period

Summary of this case from Williams v. Allstate Vehicle & Prop. Ins. Co.

Opinion

March 16, 1967.

June 29, 1967.

Insurance — Fire insurance — Policy terms — Time limitation for suit on policy — Validity — Act of August 23, 1961, P. L. 1081.

1. In this action of assumpsit on fire insurance policies which contained the standard provision "No suit or action on this policy for the recovery of any claim shall be sustainable in any court . . . unless commenced within twelve months next after inception of the loss", which was instituted 1 year, 3 weeks and 3 days after the loss occurred, it was Held that the court below had properly entered judgment in favor of insurance companies.

2. A provision in an insurance policy for some reasonable time within which action must be brought on the policy is valid and enforceable. [50]

3. It was Held, in the circumstances, that the insurance companies had not waived the policy requirement concerning the time within which an action must be commenced and was not estopped from defending the action upon the basis of that policy provision.

Mr. Justice MUSMANNO dissented.

Mr. Chief Justice BELL took no part in the consideration or decision of this case.

Before MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

Appeal, No. 42, March T., 1967, from judgment of Court of Common Pleas of Allegheny County, Oct. T., 1963, No. 4082, in case of Nick D. Lardas, Constance Lardas, James Lardas et al. v. Underwriters Insurance Company, The Home Insurance Company, National Union Fire Insurance Company et al. Judgment affirmed.

Assumpsit. Before SMITH, JR., J., without a jury.

Findings entered for defendants, plaintiffs' exceptions dismissed and judgment entered for defendants. Plaintiffs appealed.

Thomas J. Shorall, with him George Shorall, and Royston, Robb, Leonard, Edgecombe, Miller Shorall, for appellants.

Stephen W. Graffam, with him White, Jones and Gregg, for appellees.


Nick D. Lardas, Constance Lardas, James Lardas, Evangeline Lardas, Constantin Lardas and Sophie Lardas (Lardas), are the record owners of a warehouse facility located in West Deer Township, Allegheny County. This warehouse was used for "dead storage" of equipment used in Lardas' painting-contracting business. Underwriters Insurance Company, Home Insurance Company, National Union Fire Insurance Company and Fidelity-Phenix Fire Insurance Company (Insurance Companies) insured the warehouse from loss by fire, the total coverage of all policies totalling $10,500.

Lardas' business required they have heavy painting, structural, scaffolding equipment. Such equipment was stored in the warehouse during the "in between jobs" periods.

On March 4, 1962, a fire of undetermined origin occurred which resulted in a total loss of the warehouse and caused damage in excess of the $10,500 policies' limits. Lardas first learned of the fire on or about July 15, 1962, when a letter was received from the Allegheny County Fire Marshal advising them the warehouse had been "gutted" by fire. Lardas immediately notified the Insurance Companies of the Fire Marshal's letter and their own lack of knowledge of the exact date of the fire.

The Insurance Companies sent an adjuster to investigate the fire and to initiate negotiations with Lardas and their counsel on the question of and the possible amount of liability. Prior to any active negotiations, however, the adjuster insisted upon Lardas executing nonwaiver agreements concerning any possible violation of the terms and conditions of the insurance contracts. On the advice of their counsel, Lardas executed such agreements. Active negotiations toward a possible settlement of the claim continued for a few months. Insurance Companies submitted their maximum offer of settlement in October 1962 which Lardas rejected in November 1962; this was the last offer by either party for settlement of the claims.

Upon failure of the Insurance Companies to pay Lardas' claims, the latter on March 28, 1963 — 1 year, 3 weeks and 3 days subsequent to March 4, 1962, when the fire occurred — instituted an assumpsit action against the Insurance Companies to recover upon the insurance contracts. This action, instituted in the County Court of Allegheny County, was transferred to the Court of Common Pleas of Allegheny County. The action was tried before a court without a jury and, after a trial, the court ordered the entry of a judgment in favor of the Insurance Companies. Upon affirmance of this order by the court en banc, judgment was entered. From the entry of that judgment Lardas has appealed.

The exact date of the fire is not in dispute.

The Insurance Companies defended on four grounds: (1) no proof of loss was given within 60 days from the date of the fire; (2) no lawsuit was filed within one year from the date of the fire; (3) use of the premises by Lardas constituted an abandonment of the premises which increased the hazard; (4) Lardas had not given notice to the companies of the loss within a reasonably short time after the loss. The court below entered judgment on two grounds: (1) no proof of loss had been submitted within 60 days from the date of the fire; (2) no lawsuit was filed within one year from the date of the fire.

The insurance contracts — standard fire policies as required by law — provided, inter alia: "Suit. No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with, and unless commenced within twelve months next after inception of the loss." That such a clause is valid and reasonable has been long recognized: Selden v. Metropolitan Life Ins. Co., 354 Pa. 500, 502, 503, 47 A.2d 687 (1946) and authorities therein cited; Watters v. Fisher, 291 Pa. 311, 316, 317, 139 A. 842 (1927); Collins v. Home Insurance Co. of New York, 110 Pa. Super. 72, 74, 75, 167 A. 621 (1933). "The Law of Insurance in Pennsylvania", Goldin, Vol. 1, 2d ed. p. 380 et seq.; 19 P.L.E., Insurance, § 418, pp. 324-326. This is not a statute of limitation imposed by law; it is a contractual undertaking between the parties and the limitation on the time for bringing suit is imposed by the parties to the contract. That Lardas has breached this provision of the contracts is clear beyond question; the instant action was not instituted "within twelve months next after inception of the loss", i.e., March 4, 1962.

Act of May 17, 1921, P. L. 682, § 506, added August 23, 1961, P. L. 1081, § 1, 40 P. S. § 636.

Lardas would excuse the breach of this policy provision in several ways. First, that Lardas' failure to commence suit within twelve months from date of the loss was not a breach of the insurance policy because the one year period began to run when the insured had knowledge of the loss. The fire occurred March 4, 1962. Lardas had knowledge of the fire on July 15, 1962, and commenced his suit on the insurance policies on March 28, 1963, or more than one year after the occurrence of the loss and eight months after knowledge of said loss. Certainly, Lardas had adequate opportunity and time to commence a lawsuit after he gained knowledge of the loss and prior to the policy limitation of "twelve months next after inception of the loss". Such language as to the time limitation is too plain and unequivocal to be subject to any ambiguity or misunderstanding. The period of twelve months, in fact the period of eight months, was not an unreasonable length of time in which to require the commencement of an action and ". . . it is lawful for the parties so to contract, and such a provision is binding on them [citing authorities].": Abolin v. Farmers American Mutual Fire Insurance Company, 100 Pa. Super. 433, 435 (1931). Lardas violated this requirement of the policies and such violation is sufficient to bar his claim. See: Abolin, supra, pp. 435-436; Faulks v. Unity Life and Accident Insurance Association, 346 Pa. 346, 347, 30 A.2d 121 (1943). See also: Sager Glove Corporation v. Aetna Insurance Co., 317 F.2d 439 (C.A. 7) (1963). Neither O'Brien v. Sovereign, Camp of the Woodmen of the World, 122 Pa. Super. 39, 184 A. 546 (1936) nor Thomas Holme Bldg. Loan Association v. New Amsterdam Casualty Co., 124 Pa. Super. 187, 188 A. 374 (1936), upon which Lardas relies, are apposite to the case at bar.

Lardas next contends that the Insurance Companies waived the requirement of commencement of a cause of action within twelve months after the inception of the loss or, at least, is estopped from defending the action upon the basis of that policy provision. The record unequivocally reveals that, prior to any negotiations between the insurers and the insured, non-waiver agreements were executed by Lardas and such agreements preserved for the companies their rights to defend on the basis of any policy provisions. Furthermore, review of this record indicates that (a) the Insurance Companies did not in any manner mislead Lardas about the possibility of settlement — in fact in November, 1962, the parties broke off all settlement negotiations and (b) the Insurance Companies did not in any manner induce or persuade Lardas to refrain from commencing suit. Cf. O'Brien v. Sovereign Camp of the Woodmen of the World, 122 Pa. Super. 39, 43-45, 184 A. 546 (1936). From early November 1962 to March 28, 1963, — approximately five months — the parties did not have any effective contacts concerning the claims. Lardas has presented no factual basis upon which a finding of waiver or estoppel could be supported.

Lardas relies heavily on Terpeluk v. Insurance Company of North America, 189 Pa. Super. 259, 150 A.2d 558 (1959). Even if Terpeluk were controlling authority, which it is not, Terpeluk factually is completely inapposite.

Speaking only for himself, the writer of this opinion disagrees with the Terpeluk decision.

The failure of Lardas to abide by the contract provision limiting a right of action on the policies to the twelve months period from the date of the inception of the loss constitutes an absolute bar to Lardas' claim. To hold otherwise, in the factual matrix of this litigation would render meaningless this provision of the contract to which Lardas bound themselves.

In view of the conclusion reached, we need not consider Lardas' other contentions on this appeal.

Judgment affirmed.

Mr. Justice MUSMANNO dissents.

Mr. Chief Justice BELL took no part in the consideration or decision of this case.


Summaries of

Lardas, v. Underwriters Ins. Co.

Supreme Court of Pennsylvania
Jun 29, 1967
426 Pa. 47 (Pa. 1967)

holding that insured's ignorance of the loss did not excuse its failure to bring suit within the limitations period

Summary of this case from Williams v. Allstate Vehicle & Prop. Ins. Co.

holding plaintiff's claim barred by suit limitations provision requiring suit to be brought within twelve months next after inception of the loss when plaintiff did not even discover the damage until two years after it occurred

Summary of this case from Moran Indus., Inc. v. Netherlands Ins., Co.

holding that a one-year suit limitation clause in a fire insurance policy was valid and reasonable

Summary of this case from Napa Transportation, Inc. v. Travelers Property Cas.

holding that a loss occurs and has its inception whether or not the insured knows of it

Summary of this case from Bostick v. ITT Hartford Group, Inc.

holding no waiver or estoppel where insurer did not mislead insured about possibility of settlement or persuade insured to refrain from commencing suit

Summary of this case from Prime Medica Associates v. Valley Forge Insurance Co.

finding that plaintiff did not establish waiver or estoppel where the record contained no evidence that the insurer persuaded or induced the insured to refrain from commencing suit

Summary of this case from Palek v. State Farm Fire & Cas. Co.

finding that an insurance company did not waive the contractual requirement that commencement of a cause of action be within twelve months of loss

Summary of this case from Leitner v. Allstate Ins. Co.

upholding a 12 month limitation period as reasonable

Summary of this case from Gowton v. State Farm Fire & Cas. Co.

In Lardas, the Supreme Court concluded that such a clause is `valid and reasonable,' 426 Pa. at 50, 231 A.2d at 741, and held that `[t]he failure of [the insured] to abide by the [suit limitation] provision... constitutes an absolute bar to [the insured's] claim.

Summary of this case from Hospital Support Services v. Kemper Group

In Lardas v. Underwriters Ins. Co., 426 Pa. at 51, 231 A.2d at 741-42, the court upheld the validity of the language limiting suit, but observed that "[t]his is not a statute of limitation imposed by law; it is a contractual undertaking between the parties and the limitation on the time for bringing suit is imposed by the parties to the contract."

Summary of this case from Marshall v. Aetna Cas. Sur. Co.

In Lardas the supreme court concluded that such a clause is "valid and reasonable," 426 Pa. at 50, 231 A.2d at 741, and held that "[t]he failure of [the insured] to abide by the [suit limitation] provision... constitutes an absolute bar to [the insured's] claim.

Summary of this case from Leone v. Aetna Cas. Sur. Co.

In Lardas, the court reached the merits of an insured's claim that the insurer had waived its right to rely on the suit limitation provision, or was estopped from doing so.

Summary of this case from Leone v. Aetna Cas. Sur. Co.

In Lardas, the supreme court held that estoppel was not demonstrated when the plaintiff had five months to file a timely suit after he and the insurer terminated negotiations for a settlement.

Summary of this case from Leone v. Aetna Cas. Sur. Co.

noting that 12 month suit limitation period was reasonable

Summary of this case from Palmisano v. State Farm Fire & Cas. Co.

In Lardas, the court reasoned that the limitation period should not be tolled when the language describing the limitation period is "too plain and unequivocal" to be ambiguous or misunderstood.

Summary of this case from Lapensohn v. Lexington Ins. Co.

stating that one year suit limitation is clear and unambiguous

Summary of this case from Davidson v. Brethren Mutual Insurance Company

dismissing suit brought three weeks and three days after expiration of contractual limitation period affirmed

Summary of this case from Esbrandt v. Provident Life and Acc. Ins. Co.

In Lardas the Supreme Court held that the one year policy limitation applied to bar the insured's action even though the insured did not know of the loss until some four months after it occurred, and even though the parties had not broken off negotiations until some eight months after the loss.

Summary of this case from Brooks v. St. Paul Ins. Co.

In Lardas v. Underwriters Insurance Co., 426 Pa. 47, 231 A.2d 740 (1967), the Supreme Court stated that Terpeluk was not controlling authority.

Summary of this case from Brooks v. St. Paul Ins. Co.
Case details for

Lardas, v. Underwriters Ins. Co.

Case Details

Full title:Lardas, Appellant, v. Underwriters Insurance Co

Court:Supreme Court of Pennsylvania

Date published: Jun 29, 1967

Citations

426 Pa. 47 (Pa. 1967)
231 A.2d 740

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