![]() On appeal in 1964, the Supreme Court considered whether the contacts between the defendant insurance company and the forum state of Florida were sufficient to avoid a violation of Fourteenth Amendment due process or of the Full Faith and Credit Clause. After further litigation before the Court of Appeals, the case was again appealed to the Supreme Court in 1964, this time obtaining a final resolution. The Supreme Court remanded Clay to the Fifth Circuit for reconsideration in an opinion drawing dissents from Justices Black and Douglass. After this decision, various states began to adopt statutes or rules allowing for the certification of questions of state law to state courts. The court observed that the Florida legislature had passed a statute allowing the federal courts to certify questions of state law to the Florida Supreme Court, but that the Florida courts had not yet made a rule establishing procedures under the statute. The case was appealed to the United States Supreme Court, which first considered it in 1960, noting that the circuit court of appeals could not "make a competent guess" about how the Florida courts would construe an insurance statute. The United States Court of Appeals for the Fifth Circuit reversed, citing Home Insurance Co. The District Court applied Florida law and allowed recovery. The plaintiff suffered a loss in Florida, and sued in Florida to recover under the policy. The plaintiff later moved to Florida, which has five year statute of limitations for lawsuits brought on contracts. The policy included a clause requiring that insured's seeking to sue on an insurance claim must do so within twelve months. Plaintiff, while living in Illinois, bought an insurance policy from a company headquartered in the United Kingdom. 179 (1964), was a conflict of laws case that was twice heard by the Supreme Court of the United States, with an initial decision remanding the case for further proceedings in 1960, and a final resolution in 1964. ![]() Chief Justice Earl Warren Associate Justices Hugo Black Ĭlay v. ![]()
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