Case: 12-31064 Document: 00513060058 Page: 1 Date Filed: 05/29/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 12-31064 United States Court of Appeals
Fifth Circuit
FILED
DANNY KELLY, May 29, 2015
Lyle W. Cayce
Plaintiff - Appellant Clerk
v.
STATE FARM FIRE & CASUALTY COMPANY,
Defendant - Appellee
Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 3:09-CV-619
Before HIGGINBOTHAM, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM:*
Plaintiff-appellant Danny Kelly appealed the district court’s grant of
summary judgment to defendant-appellee State Farm Fire & Casualty
Company (“State Farm”). We certified two dispositive questions of state law
to the Supreme Court of Louisiana. Kelly v. State Farm Fire & Cas. Co., 582
F. App’x 290 (5th Cir. 2014) (per curiam). The Supreme Court of Louisiana
answered these two questions in a thorough opinion. Kelly v. State Farm Fire
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 12-31064 Document: 00513060058 Page: 2 Date Filed: 05/29/2015
No. 12-31064
& Cas. Co., __ So. 3d __, No. 2014-CQ-1921, 2015 WL 2082540 (La. May 5,
2015). Among other things, this opinion undermines the district court’s
determination that Kelly’s claims were precluded because State Farm never
received a firm settlement offer. Accordingly, we VACATE the judgment of the
district court and REMAND for further proceedings consistent with the
opinion of the Supreme Court of Louisiana.
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