Sun Insurance Office Limited v. John Clay

*524TUTTLE, Circuit Judge.

This is a suit on a personal property floater policy. It was instituted in the United States District Court for the Southern District of Florida by the insured, John Clay. A jury awarded recovery in the total amount of $6,800 and judgment was entered accordingly. The insurer appeals, contending the district court erred in holding that the stipulation in the policy which forbade suit unless it was instituted within twelve months next after discovery of the loss1 was rendered void and unenforceable by Florida Revised Statute 95.03 (1957), F.S.A., which reads as follows:

“Sti…