Ruderman, et al. v. Washington Nat'l Ins., No. 10-14714 (11th Cir. 2012)
Annotate this CaseThis case involved a dispute between plaintiff and other class members (insureds) and Pioneer, which was succeeded in this action by Washington National. The controversy was over the proper interpretation of certain similar insurance contracts under Florida law. Washington National appealed the district court's grant of summary judgment for the insureds. The court agreed with the district court and held that the policies in question were ambiguous, but concluded that Florida law was unsettled on the proper way to resolve the ambiguity. To establish the proper approach to take under Florida law in interpreting ambiguity, the court certified the following question to the Supreme Court of Florida: In this case, does the Policy's "Automatic Benefit Increase Percentage" apply to the dollar values of the "Lifetime Maximum Benefit Amount" and the "Per Occurrence Maximum Benefit"?
The court issued a subsequent related opinion or order on September 24, 2013.
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