Marshall, W. Frederick v. Aetna Casualty & Surety Company

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented by this appeal from a Fed.R.Civ.Pro. 12(b)(6) dismissal of a diversity jurisdiction suit on an insurance contract tried under Pennsylvania law is whether the court erred in concluding that the action was barred by the twelve month claims limitation period found in the Pennsylvania Standard Fire Insurance Contract, Pa.Stat.Ann. tit. 40, § 636(2). The appellant has alleged that the policy issued by Aetna failed to include the claims limitation provision. He contends that the twelve month period is a contractual and not a…