Rando v. Government Employees Ins. Co.

                                                                    [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



                                           2
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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Rando v. Government Employees Ins. Co.

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