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CLAY v. SUN INS. OFFICE, LTD.

No. 470.

377 U.S. 179 (1964)

CLAY v. SUN INSURANCE OFFICE, LTD.

Supreme Court of United States.

Decided May 18, 1964.

Attorney(s) appearing for the Case

Paschal C. Reese argued the cause and filed briefs for petitioner.

Bert Cotton argued the cause for respondent. With him on the brief were Maurice Mound and Hortense Mound.

James T. Carlisle, Assistant Attorney General of Florida, pro hac vice, by special leave of Court, argued the cause for the State of Florida, as amicus curiae, urging reversal. With him on the brief were James W. Kynes, Attorney General of Florida, and Robert J. Kelly, First Assistant Attorney General.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

This case, which invoked the diversity jurisdiction of the Federal District Court in a suit to recover damages under an insurance policy, was here before. 363 U.S. 207. The initial question then as now is whether the 12-month-suit clause in the policy governs, in which event the claim is barred, or whether Florida's statutes1 nullifying such clauses...

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