DocketNumber: No. CV93 052 66 28
Citation Numbers: 1994 Conn. Super. Ct. 9343
Judges: ALLEN, STATE TRIAL REFEREE. CT Page 9344
Filed Date: 9/19/1994
Status: Non-Precedential
Modified Date: 7/5/2016
The insurance policy states at SECTION VIII — COMMERCIAL PROPERTY CONDITIONS, Paragraph H:
"LEGAL ACTION AGAINST US."
"No one may bring a legal action against us under this Coverage Form unless:
2. The action is brought within two years after the date on which the direct, physical loss or damage occurred."
The court holds that the day of the act from which a future time is to be ascertained is to be excluded from the computation. Lamberti v. Stamford,
For an additional reason, the court believes that the motion for summary judgment should be denied. The court believes that the words of limitation in the contract are susceptible of two interpretations, namely, the interpretation set forth by the defendant, and the interpretation set forth by the plaintiff. Under the circumstances, the construction most favorable to the insured should be adopted. Griswold v.Union Labor Life Ins. Co.,
The motion for summary judgment is denied.
Allen, State Trial Referee