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

Eleventh Circuit

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

996 F.2d 284, 1993 U.S. App. LEXIS 19193, 1993 WL 255378

CourtCourt of Appeals for the Eleventh Circuit

DecidedJuly 27, 1993

Docket92-8068

StatusPublished

This text of 996 F.2d 284 (Amica Mutual Insurance Company, Plaintiff-Counter-Defendant v. Leo P. Bourgault, Cheryl Bourgault, Defendants-Counter-Claimants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Amica Mutual Insurance Company, Plaintiff-Counter-Defendant v. Leo P. Bourgault, Cheryl Bourgault, Defendants-Counter-Claimants, 996 F.2d 284, 1993 U.S. App. LEXIS 19193, 1993 WL 255378 (11th Cir. 1993).

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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.

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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.

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Bluebook (online)

996 F.2d 284, 1993 U.S. App. LEXIS 19193, 1993 WL 255378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amica-mutual-insurance-company-plaintiff-counter-defendant-v-leo-p-ca11-1993.

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