Robb, C.J.
Case Summary and Issue
After the owners of a home went through bankruptcy, they executed a deed in lieu of foreclosure to Riddell National Bank, the mortgagee. Riddell discovered extensive damage in the home and filed a claim with State Farm Fire and Casualty Insurance Company. State Farm denied coverage, and Riddell brought suit. State Farm moved to dismiss, and the trial court denied its motion. State Farm raises one issue in this interlocutory appeal: whether the parties’ insurance policy, as limited by Indiana Code section 27-1-13-17, creates a two-year statute of limitations. Concluding the parties’ policy does not create a two-year statute of limitations, and thus the ten year statute of limitations provided in Indiana Code section 34-11-2-11 applies, we affirm.
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In other words, we agree with State Farm that, pursuant to the policy’s provision requiring conformity with state law where a policy provision is in conflict with state law, the statutory default applies. However, we find Indiana Code section 27-1-13-17 is unambiguous and does not provide a two-year default statute of limitations. It merely provides that an insurance policy requiring the filing of a claim in a time period less than two years is void. Indiana Code section 34-11-2-11, on the other hand, does provide a default statute of limitations period, and pursuant to the conformity with state law term in the policy, that default applies to the parties.
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We conclude the unambiguous contract and statutory language void the one-year limitation period in the parties’ contract and, pursuant to the policy’s conformity to state law provision, the ten year statute of limitations provided by Indiana Code section 34-11-2-11 applies and Riddell’s claim was timely. We therefore affirm the trial court’s denial of State Farm’s motion to dismiss.
Affirmed.
MAY, J., and PYLE, J., concur.