John Rando v. Government Employees Insur. Co., No. 08-13247 (11th Cir. 2010)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on February 2, 2009.
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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 08-13247 ________________________ ELEVENTH CIRCUIT JULY 15, 2010 JOHN LEY CLERK D. C. Docket No. 06-00336-CV-OC-10-GRJ JOHN RANDO, GAIL RANDO, Plaintiffs-Appellants, versus GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (July 15, 2010) Before HULL, WILSON and HILL, Circuit Judges. HULL, Circuit Judge: The facts of this case are set forth in our prior opinion, in which we certified to the Supreme Court of Florida the following question on a controlling issue of law: WHETHER, UNDER FLORIDA LAW, AN AUTOMOBILE INSURANCE POLICY WHICH WAS EXECUTED, ISSUED AND DELIVERED IN FLORIDA TO THE NAMED INSUREDS RESIDING IN FLORIDA FOR A CAR THAT IS REGISTERED AND GARAGED IN DELAWARE MAY VALIDLY PROVIDE THAT UNINSURED MOTORIST COVERAGE UNDER THAT POLICY MAY NOT BE COMBINED WITH UNINSURED MOTORIST COVERAGE PROVIDED BY A SEPARATE AUTOMOBILE POLICY ALSO ISSUED BY THE INSURER TO THE NAMED INSUREDS IN FLORIDA. Rando v. Gov t Employees Ins. Co., 556 F.3d 1173, 1181 (11th Cir. 2009). The Supreme Court of Florida responded in the negative, concluding that under Florida law, the uninsured motorist anti-stacking provision contained in the Randos motor vehicle insurance policy . . . is unenforceable [because] the insurer, the Government Employees Insurance Company (GEICO), failed to satisfy the informed consent requirement of section 627.727(9), Florida Statutes (2005). Rando v. Gov t Employees Ins. Co., No. SC09-240, So. 3d , 2010 WL 1372697, at *1 (Apr. 8, 2010). In light of the Supreme Court of Florida s response, we find the district court erred when it concluded that the anti-stacking provision at issue in this case 2 was enforceable under Florida law. Thus, we reverse the district court s grant of summary judgment to GEICO and remand for further proceedings. REVERSED AND REMANDED. 3
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