The Second Circuit has certified a question to the New York State Court of Appeals. The question is:
If a fire insurance policy contains (1) a provision allowing reimbursement of replacement costs only after the property was replaced and requiring the property to be replaced "as soon as reasonably possible after the loss"; and (2) a provision requiring an insured to bring suit within two years after the loss; is an insured covered for replacement costs if the insured property cannot reasonably be replaced within two years?
The decision is Executive Plaza, LLC v. Peerless Insurance Co. can be found here.
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