Ricardo White v. State Farm
Opinion issued by court as to Appellant Ricardo White. Decision: Affirmed. Opinion type: Published. Opinion method: Per Curiam.
Date Filed: 09/11/2012
Page: 1 of 2
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
D.C. Docket No. 1:09-cv-01852-ODE
Plaintiff - Appellant,
STATE FARM FIRE AND CASUALTY COMPANY,
Defendant - Appellee.
Appeal from the United States District Court
for the Northern District of Georgia
(September 11, 2012)
Before PRYOR and EDMONDSON, Circuit Judges, and HOPKINS,* District
This case involves a dispute about the enforceability -- under Georgia law -*
Honorable Virginia Emerson Hopkins, United States District Judge for the Northern
District of Alabama, sitting by designation.
Date Filed: 09/11/2012
Page: 2 of 2
of an insurance policy’s requirement that lawsuits against the insurance company
be brought “within one year of the date of loss or damage.” The case returns to us
after we certified these two questions to the Supreme Court of Georgia: (1) “Did
the Georgia Insurance Commissioner act within his legal authority when he
promulgated Ga. Comp. R. & Regs. 120-2-20-.02, such that a multiple-line
insurance policy providing first-party insurance coverage for theft-related property
damage must be reformed to conform with the two-year limitation period provided
for in Georgia’s Standard Fire Policy, Ga. Comp. R. & Regs. 120-2-19-.01?” and
(2) “Is this action barred by the Policy’s one-year limitation period?” White v.
State Farm Fire & Cas. Co., 664 F.3d 860, 865 (11th Cir. 2011).1
The Supreme Court of Georgia advises us that the answer is “no” to the first
question, and “yes” to the second question. White v. State Farm Fire & Cas. Co.,
728 S.E.2d 685 (Ga. 2012). In the light of these definite responses, we affirm the
district court’s grant of summary judgment in favor of State Farm.
The facts are set out in our initial opinion. See White, 664 F.3d at 862-63.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?