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LEONE v. AETNA CAS. & SUR. CO.

No. 78-1905.

599 F.2d 566 (1979)

Joseph LEONE, Jr., Appellant, v. The AETNA CASUALTY & SURETY COMPANY, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 8, 1979.

As Amended June 25, 1979.

Attorney(s) appearing for the Case

David A. Koss, Philadelphia, Pa., and F. Emmett Fitzpatrick (argued), Philadelphia, Pa., for appellant.

Cozen, Begier & O'Connor, Robert R. Reeder (argued), Philadelphia, Pa., for appellee.

Before GIBBONS and HUNTER, Circuit Judges, and MEANOR, District Judge.

OPINION OF THE COURT

MEANOR, District Judge.

This is an appeal from a judgment which granted defendant Aetna's motion to dismiss the complaint upon the ground that it was barred by the twelve month suit limitation clause contained in the Pennsylvania statutory fire insurance policy. 40 P.S. § 636(2). Leone v. Aetna Life & Cas. Co., 448 F.Supp. 698 (E.D.Pa.1978).

Plaintiff's verified complaint...

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