Summary

Portrait of William O. Douglas William O. Douglas Clay v. Sun Insurance Office, Ltd…

While there are Illinois cases indicating that parties may contract-as here-for a shorter period of limitations than is provided by the Illinois statute, [4] we are referred to no Illinois decision extending that rule into other States whenever claims on Illinois contracts are sought to be enforced there. We see no difficulty whatever under either the Full Faith and Credit Clause or the Due Process Clause. We deal with an ambulatory contract on which suit might be brought in any one of several States.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Clay v. Sun Insurance Office, Ltd…

In this very case the policy was sold to Clay with knowledge that he could take his property anywhere in the world he saw fit without losing the protection of his insurance. In fact, his contract was described on its face as a 'Personal Property Floater Policy (World Wide) .' The contract did not even attempt to provide that the law of Illinois would govern when suits were filed anywhere else in the country. Shortly after the contract was made, Clay moved to Florida and there he lived for several years.
Source: Wikisource

Portrait of William O. Douglas William O. Douglas Clay v. Sun Insurance Office, Ltd…

The initial question then as now is whether the 12-month-suit clause in the policy governs, in which event the claim i barred, or whether Florida's statutes [1] nullifying such clauses if they require suit to be filed in less than five years are applicable and valid, in which event the suit is timely. The policy was purchased by petitioner in Illinois while he was a citizen and resident of that State. Respondent, a British company, is licensed to do business in Illinois, Florida, and several other States.
Source: Wikisource

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