In 1991, appellee sued appellant for premium payments due on two policies of multiple peril crop insurance issued by appellee to appellant. Appellant filed an answer and counterclaim, alleging in paragraphs 1 through 5 of the counterclaim that appellee was liable to him in the amount of $66,000 for failure to investigate a loss reported in 1989. In the remaining two paragraphs in the counterclaim, appellant alleged that appellee was liable for fraud. Appellee moved for partial summary judgment on paragraphs 1 through 5 of appellant’s counterclaim on the ground that the claim was barred by the contractual 12-month limitation period in the policy. The trial court’s grant
The policies of insurance issued to appellant contained the following provision: “You cannot bring suit or action against us unless you have complied with all of the policy provisions. If you do enter suit against us you must do so within 12 months of the occurrence causing the loss or damage.” “There is no question that contractual limitations are valid and will be enforced by the courts. [Cit.]”
Desai v. Safeco Ins. Co. of America,
