Amica Mutual Insurance Company-Counter-Defendant v. Leo P. Bourgault, Cheryl Bourgault-Counter-Claimants

U.S. Court of Appeals for the Eleventh Circuit
Amica Mutual Insurance Company-Counter-Defendant v. Leo P. Bourgault, Cheryl Bourgault-Counter-Claimants, 996 F.2d 284 (11th Cir. 1993)
1993 U.S. App. LEXIS 19193; 1993 WL 255378

Amica Mutual Insurance Company-Counter-Defendant v. Leo P. Bourgault, Cheryl Bourgault-Counter-Claimants

Opinion

PER CURIAM:

On December 10, 1992, we issued an opinion in this case in which we certified to the Georgia Supreme Court the issue of the application of O.C.G.A. § 33-7-11 to insurance policies covering vehicles not principally garaged or used in Georgia. 979 F.2d 187. The Supreme Court of Georgia has responded to our request in its opinion of Arnica Mutual Ins. Co. v. Bourgault, 263 Ga. 157, 429 S.E.2d 908 (1993). That court answered our question in the negative, holding that O.C.G.A. § 33-7-11 does not invalidate an exclusion in an insurance policy covering a vehicle principally garaged and used outside of Georgia.

The Supreme Court of Georgia’s decision is consistent with the reasoning of the district court. Accordingly, the judgment of the district court is AFFIRMED.

Reference

Full Case Name
AMICA MUTUAL INSURANCE COMPANY, Plaintiff-Counter-Defendant, Appellee, v. Leo P. BOURGAULT, Cheryl Bourgault, Defendants-Counter-Claimants, Appellants
Status
Published