U.S. Court of Appeals for the Eleventh Circuit, 1998

Forgione v. Dennis Pirtle Agency, Inc.

Forgione v. Dennis Pirtle Agency, Inc.
U.S. Court of Appeals for the Eleventh Circuit · Decided January 7, 1998 · Dubina, Black, Carnes
132 F.3d 645; 1998 U.S. App. LEXIS 106; 1998 WL 3200 (Federal Reporter, Third Series)

Forgione v. Dennis Pirtle Agency, Inc.

Opinion

*646 PER CURIAM:

We previously certified to the Florida Supreme Court the following dispositive question in this case:

Can a claim for negligence by an insured against an insurance agent for failure to obtain proper insurance coverage be assigned to a third party?

Forgione v. Dennis Pirtle Agency, Inc., 93 F.3d 758, 761 (11th Cir. 1996). The Supreme Court of Florida has now definitively answered that state law question in the affirmative, disagreeing with the district court. See David Forgione v. Dennis Pirtle Agency, Inc., 701 So.2d 557 (Fla. 1997). We are indebted to the Florida Supreme Court for its authoritative resolution of the controlling state law issue.

The judgment of the district court is REVERSED, and this case is REMANDED for further proceedings.

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