This section contains the nature of the case and procedural background.

This was a case under diversity jurisdiction to recover damages under an insurance policy. P purchased an insurance policy from D while P was a citizen and resident of that Illinois. The policy barred a claim thereunder twelve months after the discovery of the loss. D, a British company, is licensed to do business in Illinois, Florida, and several other States. A few months later, P moved to Florida and became a citizen and resident of that State. Florida permits claims up to five years after loss notwithstanding contract provisions requiring earlier legal action. Two years later a loss occurred. P filed a loss and D denied the claim. P sued D but after 12 months. D argued before the court that the claim was barred because of the contractual provision. The court ruled for D and P eventually appealed his way to the Supreme Court.

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