Grubbs v. Gulf Intern. Marine, Inc.
| Decision Date | 24 February 1993 |
| Docket Number | No. 91-3220,91-3220 |
| Citation | 985 F.2d 762 |
| Parties | Jonathan P. GRUBBS, Plaintiff-Appellant, v. GULF INTERNATIONAL MARINE, INC., et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Appeal from the United States District Court for the Eastern District of Louisiana.
ON PETITION FOR REHEARING
(Opinion October 19, 1992, 5th Cir., No. 91-3220, 1992)
Before KING, JOHNSON, and DAVIS, Circuit Judges.
We decided in this case that marine protection and indemnity insurance falls within the ocean marine insurance exclusion of the Louisiana Direct Action Statute, LSA-R.S. § 22:655 (West Supp.1992). In reaching this conclusion, we relied primarily on the Louisiana Supreme Court's reasoning in an analogous case, Backhus v. Transit Cas. Co., 549 So.2d 283 (La.1989). The Louisiana high court held that marine protection and indemnity insurance falls within the ocean marine insurance exclusion of the Louisiana Insurance Guaranty Association Fund (LIGA), LSA-R.S. § 22:1375- 1394 (West 1978 & Supp.1992). Backhus, 549 So.2d at 289.
Since we issued our opinion, two intermediate Louisiana appellate courts have held that an injured party may bring a direct action under the Louisiana Direct Action Statute on a marine protection and indemnity policy. 1 When a state's highest court has not decided a state law question, we must give due consideration to the opinions of intermediate state appellate courts on that question. See Lavespere v. Niagara Mach. & Tool Works, Inc., 920 F.2d 259, 260 (5th Cir.1990). The above intermediate Louisiana appellate court decisions cast some doubt on how the Louisiana Supreme Court would resolve this issue. Thus, we believe it appropriate to exercise the certification privilege granted by Rule XII of the Rules of the Supreme Court of Louisiana.
I. Style of the Case
The style of the case that we certify is Jonathan P. Grubbs, Plaintiff-Appellant, versus Gulf International Marine, Inc. et al., Defendants-Appellees, No. 91-3220, United States Court of Appeals for the Fifth Circuit, on appeal from the United States District Court for the Eastern District of Louisiana.
II. Statement of Facts
Our opinion No. 91-3220 (5th Cir. October 19, 1992) recites this case's facts.
III. Question Certified
Whether the Louisiana Direct Action Statute, LSA-R.S. 22:655 (West Supp.1992) permits an injured party to maintain a direct action against a marine protection and indemnity insurer.
IV. Conclusion
We disclaim any intent that the Louisiana Supreme Court confine...
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Blair v. Sealift, Inc., Civ. A. No. 84-5367.
...an injured party to maintain a direct action against a marine protection and indemnity insurer." Grubbs v. Gulf International Marine, Inc., 985 F.2d 762, 763 (5th Cir.1993) (per curiam), withdrawing, 975 F.2d 186 (5th Cir.1992). The Louisiana Supreme Court granted the certification on April......
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Grubbs v. Gulf Intern. Marine, Inc.
...(West Supp.1992) permits an injured party to maintain a direct action against a marine protection and indemnity insurer. 985 F.2d 762 (5th Cir.1993) (per curiam), withdrawing 975 F.2d 186. We accepted certification, 616 So.2d 691 (La.1993), and now answer in the affirmative. I. FACTS AND PR......
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Free v. Abbott Laboratories, Inc.
...(1995); First Nat'l Bank of Boston v. Beckwith Mach. Co., 26 F.3d 580 (1994); Schirmer v. Edwards, 2 F.3d 117 (1993); Grubbs v. Gulf Int'l Marine Inc., 985 F.2d 762 (1993); Frey v. Amoco Prod. Co., 951 F.2d 67 (1992); Louisiana v. Roemer, 949 F.2d 145 (1991). In the most recent instance, we......
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Boyd Rosene & Associates v. Kansas Mun. Gas Agency, 97-5216
...of occasions, certified an issue to a state supreme court after it had already issued a decision. See, e.g., Grubbs v. Gulf Int'l Marine, Inc., 985 F.2d 762, 762 (5th Cir.1993); Frey v. Amoco Prod. Co., 951 F.2d 67, 67 (5th Cir.1992); Meloy v. Conoco, Inc., 794 F.2d 992, 992 (5th Cir.1986);......