[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 95-5516
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D. C. Docket No. 94-7254-CIV-SJM
DAVID FORGIONE, as Assignee of
Harry Tofel and Lena Tofel,
Plaintiff-Appellant,
versus
DENNIS PIRTLE AGENCY, INC.,
AMERICAN STATES INSURANCE
COMPANY, an Indiana Corporation,
Defendants,
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, an Illinois
corporation,
Defendant-Appellee,
HERMAN B. FINE,
CERRATO-FINE AGENCY, INC.,
a New York Corporation,
Defendants-Cross-Defendants
Appellees,
FIREMAN’S FUND INSURANCE
COMPANIES,
Defendant-Cross-Claimant.
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Appeal from the United States District Court
for the Southern District of Florida
_________________________
(January 7, 1998)
Before DUBINA, BLACK and CARNES, Circuit Judges.
PER CURIAM:
We previously certified to the Florida Supreme Court the following dispositive
question in this case:
Can a claim for negligence by an insured against an
insurance agent for failure to obtain proper insurance coverage
be assigned to a third party?
Forgione v. Dennis Pirtle Agency, Inc., 93 F.3d 758, 761 (11th Cir. 1996). The Supreme
Court of Florida has now definitively answered that state law question in the affirmative,
disagreeing with the district court. See David Forgione v. Dennis Pirtle Agency, Inc., ___
So.2d ____ (Fla. Nov. 13, 1997). We are indebted to the Florida Supreme Court for its
authoritative resolution of the controlling state law issue.
The judgment of the district court is REVERSED, and this case is REMANDED for
further proceedings.