UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60050
KADE MASCARELLA,
Plaintiff-Appellant,
versus
UNITED STATES FIDELITY AND GUARANTY COMPANY,
Defendant-Appellee.
Appeal from the United States District Court
for the Southern District of Mississippi
(98-CV-289)
February 24, 2003
Before BARKSDALE and BENAVIDES, Circuit Judges, and VELA1, District
Judge.
PER CURIAM:2
For this diversity action, at issue was a determinative, but
as of then unanswered, question of Mississippi law. On 30 October
2000, by unpublished opinion, we certified that question to the
Mississippi Supreme Court: “Under Mississippi law, is an injured
insured entitled to stack the underinsured motorist coverage of
1
Senior District Judge of the Southern District of Texas,
sitting by designation.
2
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this opinion should not be published and is not precedent except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.
other vehicles covered under his fleet policy thereby making the
third-party tortfeasor’s vehicle an underinsured motor vehicle?”
The Mississippi Supreme Court accepted our certification and
rendered an en banc opinion on 22 October 2002, with rehearing
denied on 2 January 2003. Masceralla v. United States Fidelity and
Guaranty Co., No. 2000-FC-01838-SCT (Miss. 2002), reh’g denied, 2
January 2003. The Mississippi Supreme Court answered: a fleet
policy owner may stack the underinsured motorist coverage of other
vehicles; in this case, however, because the insurance policy was
owned by Mascarella’s employer, Mascarella cannot stack the
coverage. Id. at 9-10.
Accordingly, the summary judgment awarded United States
Fidelity and Guaranty Company is AFFIRMED, and this matter is
REMANDED to district court for any additional proceedings,
consistent with this opinion, as may be required.
AFFIRMED; REMANDED
2