[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 15, 2010
No. 08-13247
JOHN LEY
________________________
CLERK
D. C. Docket No. 06-00336-CV-OC-10-GRJ
JOHN RANDO,
GAIL RANDO,
Plaintiffs-Appellants,
versus
GOVERNMENT EMPLOYEES INSURANCE COMPANY,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(July 15, 2010)
Before HULL, WILSON and HILL, Circuit Judges.
HULL, Circuit Judge:
The facts of this case are set forth in our prior opinion, in which we certified
to the Supreme Court of Florida the following question on a controlling issue of
law:
WHETHER, UNDER FLORIDA LAW, AN AUTOMOBILE
INSURANCE POLICY — WHICH WAS EXECUTED, ISSUED AND
DELIVERED IN FLORIDA TO THE NAMED INSUREDS RESIDING
IN FLORIDA FOR A CAR THAT IS REGISTERED AND GARAGED
IN DELAWARE — MAY VALIDLY PROVIDE THAT UNINSURED
MOTORIST COVERAGE UNDER THAT POLICY MAY NOT BE
COMBINED WITH UNINSURED MOTORIST COVERAGE
PROVIDED BY A SEPARATE AUTOMOBILE POLICY ALSO
ISSUED BY THE INSURER TO THE NAMED INSUREDS IN
FLORIDA.
Rando v. Gov’t Employees Ins. Co., 556 F.3d 1173, 1181 (11th Cir. 2009). The
Supreme Court of Florida responded in the negative, concluding “that under
Florida law, the uninsured motorist anti-stacking provision contained in the
Randos’ motor vehicle insurance policy . . . is unenforceable [because] the insurer,
the Government Employees Insurance Company (GEICO), failed to satisfy the
informed consent requirement of section 627.727(9), Florida Statutes (2005).”
Rando v. Gov’t Employees Ins. Co., No. SC09-240, — So. 3d —, 2010 WL
1372697, at *1 (Apr. 8, 2010).
In light of the Supreme Court of Florida’s response, we find the district
court erred when it concluded that the anti-stacking provision at issue in this case
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was enforceable under Florida law. Thus, we reverse the district court’s grant of
summary judgment to GEICO and remand for further proceedings.
REVERSED AND REMANDED.
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