Forgione v. Dennis Pirtle Agency

132 F.3d 645

• Court: Court of Appeals for the Eleventh Circuit
• Decided: January 7, 1998
• Docket: 95-5516
• Status: Published

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 95-5516 ________________________

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.

________________________ Appeal from the United States District Court for the Southern District of Florida _________________________

(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.