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MORENO v. NATIONWIDE INS. CO.

No. 95-7027.

114 F.3d 168 (1997)

John MORENO, Plaintiff-Appellant, v. NATIONWIDE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 23, 1997.

Attorney(s) appearing for the Case

Terry Carlisle, Lois Beasley-Carlisle, Carlisle & Carlisle, P.C., Tarrant, AL, for Plaintiff-Appellant.

Lynn Etheridge Hare, Janecky, Newell, Potts, Hare & Wells, P.C., Mike Cohan, Birmingham, AL, for Defendant-Appellee.

Before TJOFLAT and DUBINA, Circuit Judges, and STAGG, Senior District Judge.

DUBINA, Circuit Judge:

This appeal presents a single issue for our consideration: whether a provision in an automobile insurance policy requiring proof of a hit-and-run accident from competent evidence other than the testimony of any insured is in derogation of Alabama's Uninsured Motorist Statute, Ala.Code § 32-7-23 (1975). To anyone familiar with the concept of federalism, this may appear to be an unusual issue for our court. We originally certified this question...

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