610 Fed.Appx. 947 (11th Cir. 2015), 14-10266, FCCI Ins. Co. v. McLendon Enters.

Docket Nº:14-10266
Citation:610 Fed.Appx. 947
Opinion Judge:PER CURIAM:
Party Name:FCCI INSURANCE COMPANY, Plaintiff - Appellant, v. MCLENDON ENTERPRISES, INC., BROOKS LAMAR MITCHELL, Defendants - Appellees
Attorney:For Fcci Insurance Company, Plaintiff - Appellant: Kristen S. Cawley, Robert M. Darroch, Goodman McGuffey, Stephanie Feingold Glickauf, Lindsey & Johnson, LLP, Atlanta, GA. For Mclendon Enterprises, Inc., Defendant - Appellee: Thomas Wayne Everette, Kaufold & Everett, Vidalia, GA; Ansley Bell Thr...
Judge Panel:Before TJOFLAT, JORDAN and BLACK, Circuit Judges.
Case Date:July 27, 2015
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 947

610 Fed.Appx. 947 (11th Cir. 2015)

FCCI INSURANCE COMPANY, Plaintiff - Appellant,

v.

MCLENDON ENTERPRISES, INC., BROOKS LAMAR MITCHELL, Defendants - Appellees

No. 14-10266

United States Court of Appeals, Eleventh Circuit

July 27, 2015

         DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1)

          Appeal from the United States District Court for the Southern District of Georgia. D.C. Docket No. 4:12-cv-00191-BAE-GRS.

          AFFIRMED.

         For Fcci Insurance Company, Plaintiff - Appellant: Kristen S. Cawley, Robert M. Darroch, Goodman McGuffey, Stephanie Feingold Glickauf, Lindsey & Johnson, LLP, Atlanta, GA.

         For Mclendon Enterprises, Inc., Defendant - Appellee: Thomas Wayne Everette, Kaufold & Everett, Vidalia, GA; Ansley Bell Threlkeld, Law Office of Ansley Bell Threlkeld, LLC, Vidalia, GA.

         For Brooks Lamar Mitchell, Defendant - Appellee: Malcolm F. Bryant Jr., Paul K. Cook, Daniel James O'Connor, Bryant & Cook, PC, Vidalia, GA.

         Before TJOFLAT, JORDAN and BLACK, Circuit Judges.

          OPINION

          PER CURIAM:

         This case arises from an automobile collision between a vehicle driven by Brooks Lamar Mitchell in his capacity as an employee of McLendon Enterprises, Inc. (McLendon), and an Evans County school bus. The district court, applying Georgia law, determined that Mitchell could recover under McLendon's policy with FCCI Insurance Co., which promised to pay sums he was " legally entitled to recover" from an uninsured motorist. The district court found that Mitchell could make a claim under this provision even though Evans County's partial sovereign immunity prevented Mitchell from establishing in a lawsuit that he was legally entitled to recover the full amount of his damages from Evans County.

         In the first panel decision in this case, we certified the following question to the Georgia Supreme Court: Can an insured party recover under an uninsured-motorist...

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