1. This case is a suit on a policy of insurance providing protection to plaintiffs’ home against loss by fire and providing additional living expenses in such event.
This court must apply the new rules of the Civil Practice Act regardless of when the judgment was entered below. Hill v. Willis, 224 Ga. 263 (1) (161 SE2d 281). Accordingly, although the trial court below sustained both a general demurrer to the complaint and a motion to dismiss for failure to state a claim (which order plaintiffs enumerate as error), we must review the complaint having regard only to whether the motion to dismiss was properly sustained, i.e., whether the complaint states a claim for which relief may be granted. When the sufficiency of a complaint is questioned, the new rules require that it be construed in the light most favorable to plaintiff with all doubts resolved in his favor even though unfavorable constructions are possible. Not unless the allegations of the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts should the complaint be dismissed. Harper v. DeFreitas, 117 Ga. App. 236 (1) (160 SE2d 260).
The complaint as amended alleges that plaintiffs’ home was insured against fire by the defendant and that a fire loss occurred for which the defendant had denied liability. This is a claim on which some relief may be granted.
2. Defendant points out that the policy, which is attached as an exhibit, provides that no action can be brought unless commenced within twelve months next after inception of the loss. Parties may contract for and will be bound by such a provision. Underwriters’ Agency v. Sutherlin, 55 Ga. 266. But there may be circumstances in which a party will be found to have waived or be estopped to assert such a provision. See General Ins. Co. of America v. Lee Chocolate Co., 97 Ga. App. 588 (103 SE2d 632), and cases cited.
If plaintiffs have no such grounds, then such could be made to appear by motion for summary judgment. “When a motion for summary judgment is made and supported as provided in this section, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this section, must set *236forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.” Code Ann. § 81A-156 (e) (Ga. L. 1966, pp. 609, 660; 1967, pp. 226, 238).
Argued January 8, 1968 Decided July 11, 1968 Rehearing denied July 31, 1968. Preston L. Holland, for appellants. Gambrell, Russell, Moye & Killorin, Edward W. Killorin, David A. Handley, for appellee.Judgment reversed.
Felton, C. J., and Eberhardt, J., concur.