White v. State Farm, No. 10-14028 (11th Cir. 2011)
Annotate this CasePlaintiff filed a complaint against State Farm in state court alleging claims of breach of contract, bad faith, and fraud. The court must decide whether an insured's claim against his insurer for breach of contract was barred by the insurance policy's one-year limitation to suit, or whether the court must reform the insurance policy to include a two-year limitation to suit, pursuant to Ga. Comp. R. & Regs. 120-2-20-.02. In making that determination, the court must address whether Rule 120-2-20-.02, a regulation promulgated recently by the Georgia Insurance Commissioner, was valid under Georgia law. Because this appeal presented questions of state law that have not yet been addressed by the Georgia appellate courts, the court certified two questions to the Supreme Court of Georgia.
The court issued a subsequent related opinion or order on September 11, 2012.
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