[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
MEMORANDUM OF DECISIONRE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
The issues raised in the defendant's motion for summary judgment and the plaintiff's objection are whether the defendant waived its rights to assert the one year limitation clause in the plaintiff's homeowner insurance policy and whether the defendant is estopped from asserting its rights. Estoppel and waiver raise questions of fact that must be determined by the trier of fact. Advest, Inc. v. Wachtel, 235Conn.559,569, 668A.2d367 (1995); Middlesex Mutual Assurance Co. v. Walsh,218Conn.681, 699, 590A.2d957 (1991); Loda v. H. K. Sargeant Associates, Inc. 188Conn.69, 76, 448A.2d812 (1982); New York AnnualConference v. Fisher, 182Conn.272, 300, 438A.2d62 (1980); Frager v.Pennsylvania General Ins. Co., 161Conn.472, 486, 289A.2d896 (1971);Shelby Mutual Ins. Co. v. Della Ghelfa, 3Conn. App.432, 447, 489A.2d398
(1985), aff'd, 200Conn.630, 513A.2d52 (1986) (special defense of waiver raises issue of fact for jury). Accordingly, the defendant's motion for summary judgment is denied.