David Forgione, As Assignee of Harry Tofel and Lena Tofel,plaintiff-appellant, v. Dennis Pirtle Agency, Inc., American States Insurancecompany, an Indiana Corporation, Defendants,state Farm Mutual Automobile Insurance Company, an Illinoiscorporation, Defendant-appellee,herman B. Fine, Cerrato-fine Agency, Inc., a New Yorkcorporation, Defendants-cross-defendants Appellees,fireman's Fund Insurance Companies, Defendant-cross-claimant, 132 F.3d 645 (11th Cir. 1998)
Annotate this CaseJoseph R. Dawson, Fort Lauderdale, FL, for Plaintiff-Appellant.
Scott Roberts McNary, David E. Peterson, Miami, FL, for Fireman's Fund.
Lillian W. Conrad, Hollywood, FL, for State Farm.
Appeal from the United States District Court for the Southern District of Florida (No. 94-7254-CIV-SJM) ; Stanley J. Marcus, Judge.
Before DUBINA, BLACK and CARNES, Circuit Judges.
PER CURIAM:
We previously certified to the Florida Supreme Court the following dispositive question in this case:
Can a claim for negligence by an insured against an insurance agent for failure to obtain proper insurance coverage be assigned to a third party?
Forgione v. Dennis Pirtle Agency, Inc., 93 F.3d 758, 761 (11th Cir. 1996). The Supreme Court of Florida has now definitively answered that state law question in the affirmative, disagreeing with the district court. See David Forgione v. Dennis Pirtle Agency, Inc., 701 So. 2d 557 (Fla.1997). We are indebted to the Florida Supreme Court for its authoritative resolution of the controlling state law issue.
The judgment of the district court is REVERSED, and this case is REMANDED for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
