Gilbert v. Globe & Rutgers Fire Insurance Co.

Gilbert's (plaintiff) fire insurance policy with Globe (defendant) required any lawsuit be filed within 12 months of a fire; after Gilbert's cottage burned in 1912, a third party garnished the insurance proceeds, and Globe's adjuster allegedly promised payment once the garnishment was resolved, but about a year later, in 1913, the adjuster told Gilbert Globe would deny the claim. Gilbert nevertheless waited until 1918 -- almost five years after the denial -- to file suit; the district court ruled for Gilbert, and Globe appealed.