[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 95-5516

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D. C. Docket No. 94-7254-CIV-SJM DAVID FORGIONE, as Assignee of Harry Tofel and Lena Tofel,

Plaintiff-Appellant,

versus DENNIS PIRTLE AGENCY, INC., AMERICAN STATES INSURANCE COMPANY, an Indiana Corporation,

Defendants, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation,

Defendant-Appellee, HERMAN B. FINE, CERRATO-FINE AGENCY, INC., a New York Corporation,

Defendants-Cross-Defendants

Appellees, FIREMAN’S FUND INSURANCE COMPANIES,

Defendant-Cross-Claimant.

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Appeal from the United States District Court

for the Southern District of Florida

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(January 7, 1998) Before DUBINA, BLACK and CARNES, Circuit Judges. 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., ___ So.2d ____ (Fla. Nov. 13, 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.