Gerlinde G. Ryan v. State Farm Mutual Automobile Insurance Company

Eleventh Circuit

Gerlinde G. Ryan v. State Farm Mutual Automobile Insurance Company

960 F.2d 1555, 1992 U.S. App. LEXIS 10276, 1992 WL 83773

CourtCourt of Appeals for the Eleventh Circuit

DecidedMay 13, 1992

Docket90-8678

StatusPublished

This text of 960 F.2d 1555 (Gerlinde G. Ryan v. State Farm Mutual Automobile Insurance Company) 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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Gerlinde G. Ryan v. State Farm Mutual Automobile Insurance Company, 960 F.2d 1555, 1992 U.S. App. LEXIS 10276, 1992 WL 83773 (11th Cir. 1992).

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Opinion

PER CURIAM:

On June 19, 1991, Ryan v. State Farm Mutual Auto. Ins. Co., 934 F.2d 276 (11th Cir.1991), we filed an opinion in this case in which we certified to the Georgia Supreme Court the issue of insurance coverage presented by the parties to this appeal. We did so because the question had not been answered by the Georgia courts. Since we believed that it was a question which would recur, we thought the Georgia courts should decide the issue rather than ourselves.

The Georgia Supreme Court has kindly responded to our request in its opinion of Ryan v. State Farm Mutual Auto. Ins. Co., 261 Ga. 869, 413 S.E.2d 705 (1992). The Court answered our question in the negative, holding that under the terms of the policy involved in this case the $5000.00 of no-fault coverage should be applied first to Ryan’s medical and funeral expense and that the policyholder did not have the authority to allocate the benefits so that they would be first payable from the optional medical coverage.

The effect of the Supreme Court’s decision is to approve the reasoning of the district court and his judgment in this case is affirmed.

AFFIRMED.

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PER CURIAM:

On June 19, 1991, Ryan v. State Farm Mutual Auto. Ins. Co., 934 F.2d 276 (11th Cir.1991), we filed an opinion in this case in which we certified to the Georgia Supreme Court the issue of insurance coverage presented by the parties to this appeal. We did so because the question had not been answered by the Georgia courts. Since we believed that it was a question which would recur, we thought the Georgia courts should decide the issue rather than ourselves.

The Georgia Supreme Court has kindly responded to our request in its opinion of Ryan v. State Farm Mutual Auto. Ins. Co., 261 Ga. 869, 413 S.E.2d 705 (1992). The Court answered our question in the negative, holding that under the terms of the policy involved in this case the $5000.00 of no-fault coverage should be applied first to Ryan’s medical and funeral expense and that the policyholder did not have the authority to allocate the benefits so that they would be first payable from the optional medical coverage.

The effect of the Supreme Court’s decision is to approve the reasoning of the district court and his judgment in this case is affirmed.

AFFIRMED.

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960 F.2d 1555, 1992 U.S. App. LEXIS 10276, 1992 WL 83773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerlinde-g-ryan-v-state-farm-mutual-automobile-insurance-company-ca11-1992.

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