recovery of any claim in Tennessee

2003The decision of the Court of Appeals is reversed in part and affirmed in part. [[Image here]] The L & H-Chubb insurance policy contained a suit limitation clause which provided that “[n]o suit, action or proceeding for the recovery of any claim under this policy shall be sustainable in any court of law or equity unless the same be commenced within twelve (12) months next after discovery by the Insured of the occurrence which gives rise to the claim * * In this case, the accident giving rise to L & H’s claim occurred and was discovered by L & H on July 22, 1982; however, L & H did not commence

2003The Court of Appeals holding that because Chubb was not prejudiced by L & H’s failure to bring suit within the limitation period, L & H could still bring suit against Chubb rested on that court’s earlier decision in Loram Maintenance of Way, Inc. v. Consolidated Rail Corp., 354 N.W.2d 111 (Minn.App.1984), pet. for review denied (Minn. January 11, 1985).

1986Co., 22 Tenn.App. 635, 641 , 125 S.W.(2d) 189 , 192: “A provision limiting suit or action on the policy to ‘twelve months next after the date of loss’ means twelve months ‘after the cause of action accrues’.

1986Co., 22 Tenn.App. 635, 641 , 125 S.W.(2d) 189 , 192: “A provision limiting suit or action on the policy to ‘twelve months next after the date of loss’ means twelve months ‘after the cause of action accrues’.

1939Couch on Insurance, Vol. 7, sec. 1508; Metcalf v. National Union Fire Insurance Co., 29 Ga. App., 590 , 116 S. E. 324 .

1939Couch on Insurance, Vol. 7, sec. 1508; Metcalf v. National Union Fire Insurance Co., 29 Ga. App., 590 , 116 S. E. 324 .

1939The policy specifically provided that “all claims for such loss or damage shall be forfeited by failure to furnish such sworn statements within the time provided,” and, in a subsequent clause, it was provided that “no suit or action on this policy or for the recovery of any claim hereunder shall be sustainable in any court of law or equity .unless the Assured shall have fully complied with all the foregoing requirements. ’ ’ Stipulations in a fire insurance policy requiring written proofs of loss are “eminently proper, and should be sustained” (Ligon’s Administrators v. Equitable Fire Insuranc

1939The policy specifically provided that “all claims for such loss or damage shall be forfeited by failure to furnish such sworn statements within the time provided,” and, in a subsequent clause, it was provided that “no suit or action on this policy or for the recovery of any claim hereunder shall be sustainable in any court of law or equity .unless the Assured shall have fully complied with all the foregoing requirements. ’ ’ Stipulations in a fire insurance policy requiring written proofs of loss are “eminently proper, and should be sustained” (Ligon’s Administrators v. Equitable Fire Insuranc