Anderson v. Auto-Owners Ins. Co. , 172 F.3d 767 ( 1999 )

PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 03 2000
_______________
THOMAS K. KAHN
CLERK
No. 97-3270
_______________
D. C. Docket No. 96-247-CIV-OC-10AE
KAREN ANDERSON,
Plaintiff-Appellee,
versus
AUTO-OWNERS INSURANCE COMPANY,
Defendant-Appellant.
______________________________
Appeal from the United States District Court
for the Middle District of Florida
______________________________
(July 3, 2000)
Before BIRCH and KEITH*, Circuit Judges.**
_________________________________
* Honorable Damon J. Keith, U.S. Circuit Judge for the Sixth Circuit, sitting by designation.
** Judge Joseph W. Hatchett resigned on May 14, 1999, and did not participate in this decision.
This decision is rendered by quorum. 28 U.S.C. § 46(d).
PER CURIAM:
On April 13, 1999, we issued an opinion in this case in which we requested the
Florida Supreme Court's assistance with respect to a certified question concerning
whether the tractor-trailer rig involved in this case should be treated as a single-
covered automobile, under the insurance policy language forming the basis of the
present dispute, or whether the single accident resulting in plaintiff-appellee
Anderson's injuries constituted two occurrences within the meaning of the policy. See
Anderson v. Auto-Owners Ins. Co., 172 F.3d 767, 770 (11th Cir. 1999). The Florida
Supreme Court rephrased the questions as follows:
I. Based on the applicable insurance policy language, should the tractor
and trailer each be treated as a single covered automobile?
II. If the tractor and trailer should each be treated as a single covered
automobile, does the applicable policy language unambiguously limit
coverage to a total of $750,000, even when multiple insured vehicles are
involved in a single accident?
Auto-owners Ins. Co. v. Anderson, 756 So.2d 29, (Fla. 2000). The Florida
Supreme Court then answered "the first rephrased certified question in the
affirmative," finding "that the tractor and trailer should each be treated as a single
covered automobile." Id. at . The Florida Supreme Court answered "the second
rephrased certified question in the negative" finding that the policy provided "separate
liability coverages for each insured vehicle that was involved in the accident" and "the
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total available liability coverage for the accident that involved both vehicles is
$1,500,000." Id. at .
Because the Florida Supreme Court's holdings are consistent with the rulings
of the district court, the district court's grant of summary judgment and award of
$1,500,000 to Anderson for her injuries is AFFIRMED.
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