Strochak v. Federal Insurance Co. , 138 F.3d 1338 ( 1998 )

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
No. 95-4748
D. C. Docket No. 93-8500-CIV-KLR
RITA STROCHAK,
Plaintiff-Appellant,
versus
FEDERAL INSURANCE COMPANY, a New Jersey
Corporation,
Defendant-Appellee,
KEEVILY, SPERO-WHITELAW, INC.,
Defendant.
Appeal from the United States District Court
for the Southern District of Florida
(April 13, 1998)
Before BARKETT, Circuit Judge, KRAVITCH, Senior Circuit Judge, and HARRIS*, Senior
District Judge.
________________________
*Honorable Stanley S. Harris, Senior U.S. District Judge for the District of Columbia, sitting by
designation.
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BARKETT, Circuit Judge:
Appellant Rita Strochak appeals the district court’s order granting summary judgment on
her contract claim for excess uninsured motorist coverage based on Florida Statute § 627.727(2)
(1996) in favor of Appellee Federal Insurance Company (FIC). Strochak alleged that FIC’s
failure to offer uninsured motorist coverage for her 1984 Lincoln violated § 627.727(2).
Although the 1984 Lincoln was not registered or principally garaged in Florida in 1985 when her
husband, Donald Strochak, took out the insurance policy with FIC, Strochak argued that when
she registered and principally garaged the 1984 Lincoln in Florida, FIC had a duty to offer her
uninsured motorist coverage under § 627.727(2). In our initial decision in this case, we
concluded that this dispositive question of Florida law was not dictated by the clear and
controlling precedent of the Florida Supreme Court. Accordingly, we certified the follwing
question to the Florida Supreme Court:
WHETHER AN EXCESS CARRIER HAS A DUTY TO MAKE
AVAILABLE THE UNINSURED MOTORISTS COVERAGE
REQUIRED BY FLORIDA STATUTE § 627.727(2) TO AN
INSURED UNDER AN EXISTING POLICY ON VEHICLES
WHICH HAD NEVER BEEN REGISTERED OR PRINCIPALLY
GARAGED IN FLORIDA WHENEVER ANY VEHICLE,
COVERED OR SUBSEQUENTLY ADDED, FIRST BECOMES
REGISTERED OR PRINCIPALLY GARAGED IN FLORIDA.
Strochak v. Federal Ins. Co., 109 F.3d 717, 720-21 (11th Cir. 1997).
The Florida Supreme Court answered the certified question in the affirmative. Strochak
v. Federal Ins. Co., No. 90, 298 (Fla. March. 19, 1998). Based on this opinion, we REVERSE
the district court’s grant of summary judgment to FIC and REMAND this case to the district
court for proceedings consistent with the opinion of the Florida Supreme Court.
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