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MODDER v. AMERICAN NAT. LIFE INS. CO. OF TEXAS

No. 95-3020.

113 F.3d 201 (1997)

Arthur MODDER and Gail Modder, Plaintiffs-Counter Defendants-Appellants, v. AMERICAN NATIONAL LIFE INSURANCE COMPANY OF TEXAS, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 29, 1997.

Attorney(s) appearing for the Case

William Rutger, Ronald Teevan, Clearwater, FL, for Plaintiffs-Counter-Defendants-Appellants.

Brett Preston Hill, Dennis P. Waggoner, Ward & Henderson, P.A., Tampa, FL, for Defendant-Counter-claimant-Appellee.

Before HATCHETT, Chief Judge, ANDERSON, Circuit Judge, and WOOD, Senior Circuit Judge.

PER CURIAM:

In a prior opinion, Modder v. American Nat'l Life Ins. Co., 86 F.3d 1070 (11th Cir. 1996), we determined that this case involved a dispositive but unsettled question of Florida law. Accordingly, we certified the following question to the Supreme Court of Florida:

Does the exclusionary provision of Section 627.6515(2), Florida Statutes, exempt an insurer from liability under Section 627.6698, Florida Statutes...

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