Executive Plaza, LLC v. Peerless Ins. Co., No. 12-1470 (2d Cir. 2013)
Annotate this CasePlaintiff appealed from the district court's dismissal with prejudice plaintiff's complaint seeking indemnification for property loss caused by fire under an insurance policy. At issue were two provisions in the policy: one requiring the insured to file suit on the policy within two years and the second requiring the insured, seeking replacement costs, to replace the damaged property before bringing suit, and to complete the replacement work as soon as reasonably possible. Because New York law did not clearly resolve the question of what happens to insured property that could not reasonably be replaced within two years, the court certified the question to the New York State Court of Appeals.
The court issued a subsequent related opinion or order on March 11, 2014.
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