[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
AUGUST 12, 2010
No. 08-14785
JOHN LEY
________________________ CLERK
D. C. Docket No. 07-00083-CV-WCO
INFINITY GENERAL INSURANCE CO.,
f.k.a. Coventry Insurance Co.,
Plaintiff-Appellee,
versus
TONYA BOGGUS REYNOLDS,
Individually,
VIVIANA TOVER LLOYD,
Individually, et al.,
Defendants-Appellants.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(August 12, 2010)
Before WILSON and ANDERSON, Circuit Judges, and GOLDBERG,* Judge.
*
Honorable Richard W. Goldberg, United States Court of International Trade
Judge, sitting by designation.
PER CURIAM:
This case returns to us after we certified a question to the Georgia Supreme
Court regarding its law of automobile insurance policy cancellation. Infinity Gen.
Ins. Co. v. Reynolds, 570 F.3d 1228 (11th Cir. 2009). The Georgia Supreme Court
has answered our question in the negative. Infinity Gen. Ins. Co. v. Reynolds, __
S.E. 2d __, No. S09Q1613 (Ga. March 15, 2010).
For background information on this case, we refer the reader to our previous
opinion, Infinity Gen. Ins. Co. v. Reynolds, 570 F.3d 1228 (11th Cir. 2009). In that
case, we certified the following question:
IS A NOTICE OF CANCELLATION, PROPERLY GIVEN AFTER
THE PREMIUM IS PAST DUE, INEFFECTIVE BECAUSE IT
PROVIDES AN OPPORTUNITY FOR THE INSURED TO KEEP
THE POLICY IN FORCE BY PAYING THE PAST-DUE PREMIUM
WITHIN THE STATUTORY TEN-DAY PERIOD?
570 F.3d at 1232. In answering the question, the Georgia Supreme Court examined
the language of the cancellation notice at issue and found it unambiguous. __ S.E.
2d at ___. It distinguished the cases upon which Appellants relied, and stated that
public policy supported its interpretation. Id. at ___.
Because the Georgia Supreme Court determined that the Insurance Company
provided effective notice of cancellation under Georgia law, we affirm the district
court’s grant of summary judgment.
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AFFIRMED.
3