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COLONIAL OIL INDUSTRIES, INC. v. UNDERWRITERS SUBSCRIBING TO POLICY NOS. TO31504670 AND TO31504671

No. 95-9603.

133 F.3d 1404 (1998)

COLONIAL OIL INDUSTRIES, INC., Colonial Terminals, Incorporated, Plaintiffs-Counter-Defendants-Appellees-Cross-Appellants, v. UNDERWRITERS SUBSCRIBING TO POLICY NOS. TO31504670 AND TO31504671, Defendants-Counter-Claimants-Appellants-Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 26, 1998.

Attorney(s) appearing for the Case

Edwin D. Robb, Jr., Walter C. Hartridge, Bouhan, Williams & Levy, Savannah, GA, Kevin G. O'Donovan, Alfred J. Kuffler, Palmer, Biezup & Henderson, Philadelphia, PA, for Colonial Oil.

Ronald C. Berry, Adams & Ellis, P.C., Savannah, GA, for Underwriters.

Before HATCHETT, Chief Judge, BIRCH, Circuit Judge, and CLARK, Senior Circuit Judge.

HATCHETT, Chief Judge:

In our prior opinion in this case, Colonial Oil Indus., Inc. v. Underwriters Subscribing to Policy Nos. TO31504670 and TO31504671, 106 F.3d 960, 966 (11th Cir.1997), we certified the following questions to the Supreme Court of Georgia:

1) Does an insurer have a duty to conduct a reasonable investigation of facts outside those presented in the complaint, or otherwise presented to the insurer by...

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