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LAWSON v. STATE FARM MUT. AUTO. INS. CO.

No. 85-8664.

802 F.2d 410 (1986)

Bobby C. LAWSON, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 17, 1986.

Attorney(s) appearing for the Case

Harold D. Corlew, Atlanta, Ga., for plaintiff-appellant.

W. Gordon Hamlin, Jr., Eugene G. Partain, Atlanta, Ga., for defendant-appellee.

Before JOHNSON and HATCHETT, Circuit Judges, and ALAIMO, Chief District Judge.

PER CURIAM:

The issue presented in this appeal is whether an action "to recover benefits" is a prerequisite to maintaining an action for penalties or punitive damages under OCGA § 33-34-6(b) and (c). Because this question involved Georgia insurance law, we certified it for resolution by the Georgia Supreme Court, which answered it in the negative, 347 S.E.2d 565. We agree with the Georgia Supreme Court's determination, and...

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