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694 F.3d 1199

Docket No. 10-14028.

White v. Fire

Eleventh Circuit Court of Appeals

Decided Sept. 11, 2012.

Eleventh Circuit Court of Appeals · decided 2012-09-11

2 counsel of record

Relies on White v. State Farm Fire & Casualty Co. · White v. State Farm Fire & Casualty Co.

Opinion by (per_curiam) · Decided 2012-09-11

¶1Donald Ellis, Decatur, GA, for Plaintiff-Appellant.

¶2John Wallace Campbell, Pamela Newsom Lee, Swift Currie McGhee & Hiers, LLP, Atlanta, GA, for Defendant-Appellee.

¶3Before PRYOR and EDMONDSON, Circuit Judges, and HOPKINS,* District Judge.

¶5PER CURIAM:

¶6This case involves a dispute about the enforceability — under Georgia law — of an insurance policy’s requirement that lawsuits against the insurance company be brought “within one year of the date of loss or damage.” The case returns to us after we certified these two questions to the Supreme Court of Georgia: (1) “Did the Georgia Insurance Commissioner act within his legal authority when he promulgated Ga. Comp. R. & Regs. 120-2-20-.02, such that a multiple-line insurance policy providing first-party insurance coverage for theft-related property damage must be reformed to conform with the two-year limitation period provided for in Georgia’s Standard Fire Policy, Ga. Comp. R. & Regs. 120-2-19-.01?” and (2) “Is this action barred by the Policy’s one-year limitation period?” White v. State Farm Fire & Cas. Co., 664 F.3d 860, 865 (11th Cir. 2011).1

¶7The Supreme Court of Georgia advises us that the answer is “no” to the first question, and “yes” to the second question. White v. State Farm Fire & Cas. Co., 291 Ga. 306, 728 S.E.2d 685 (2012). In the light of these definite responses, we affirm the district court’s grant of summary judgment in favor of State Farm.

¶8AFFIRMED.

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