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RAMSAY v. OMNIBANK

No. 99-60349.

293 F.3d 760 (2002)

Georgia RAMSAY, et al., Plaintiffs, v. OMNIBANK, et al., Defendants. Omnibank, Defendant-Third Party Plaintiff-Appellee, v. United States Fidelity and Guaranty Co., Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 6, 2002.

Attorney(s) appearing for the Case

Sam Starnes Thomas, Heidelberg & Woodliff, Jackson, MS, for Omnibank.

W. Shan Thompson, Charles G. Copeland (argued), Copeland, Cook, Taylor & Bush, Ridgeland, MS, for United States Fidelity & Guaranty Co.

Before REYNALDO G. GARZA, HIGGINBOTHAM and BENAVIDES, Circuit Judges.

PER CURIAM:

In this case we certified a question to the Supreme Court of Mississippi, asking:

Whether an insurer's duty to defend under a general commercial liability policy for injuries caused by accidents extends, under Mississippi law, to injuries unintended by the insured but which resulted from intentional actions of the insured if those actions were negligent but not intentionally tortious.1

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