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eBook details

• Title: Boyd v. Bowman
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 14, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

We here again utilize the helpful Florida certification procedures, Fla.Stat. § 25.031, F.S.A. (1959); Fla.App.Rules 4.61,
32 F.S.A, by which the Supreme Court of Florida resolves the controlling question of Florida law.1 This appeal was taken
from the District Court's granting of summary judgment in favor of garnishee, United States Fidelity & Guaranty Company.
The District Court determined that under controlling Florida law, the insurance policy in question excluded liability coverage.2
We certified to the Florida Court the question of whether under Florida law, the subject family automobile insurance policy
provides or excludes liability coverage for the specifically named insured husband while he is operating an unscheduled automobile
owned by the resident-in-household spouse and insured by another carrier for a lesser amount.3 The Florida Court has determined
that under the facts of the case, the insurance policy in question excluded liability coverage. Boyd v. United States Fidelity
& Guaranty Co., Fla.1971, 256 So.2d 1. Again we must recognize the value of the remarkable Florida certification procedures. As we stated in Martinez v. Rodriquez,
5 Cir., 1969, 410 F.2d 729, 730, "while this Court following the footsteps of the stalwarts below might have reached the same
conclusion as that of the Florida Court with respect to the issue in the case, our decision would have had no assurance of
predictable correctness. No matter how many Federal Judges, trial, appellate, three-Judge panel, or the full panoply of the
court en banc, any decision would have been an Erie-guess."

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