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FORGIONE v. DENNIS PIRTLE AGENCY, INC.

No. 95-5516, Non-Argument Calendar.

93 F.3d 758 (1996)

David FORGIONE, as Assignee of Harry Tofel and Lena Tofel, Plaintiff-Appellant, v. 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, Appellee.

United States Court of Appeals, Eleventh Circuit.

September 5, 1996.

Attorney(s) appearing for the Case

Joseph R. Dawson, Fort Lauderdale, FL, for Appellant.

Scott Roberts McNary, Miami, FL, for Fireman's Fund.

David E. Peterson, Thomas R. Conrad, Hollywood, FL, for State Farm.

Before DUBINA, BLACK and CARNES, Circuit Judges.

PER CURIAM:

This appeal concerns a single issue: Under Florida law, is a claim for negligence by an insured against an insurance agent for failure to obtain proper insurance coverage assignable? Because we are unable to find any authoritative decision from the Florida courts answering the question, we certify the question to the Florida Supreme Court.

I. BACKGROUND

The plaintiff and appellant in this case, David Forgione, was involved in an automobile...

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