Ricardo White v. State Farm Fire and Casualty Company
2011 U.S. App. LEXIS 24733
| 11th Cir. | 2011Background
- White bought a homeowner's policy from State Farm with a one-year suit limitation.
- After a January 2008 burglary, White's claim exceeded $135,000 and State Farm denied it.
- White sued in June 2009; State Farm removed and moved for summary judgment arguing the one-year limit barred the claim.
- Georgia regulation Ga. Comp. R. & Regs. 120-2-20-.02, effective 2006, ties first-party property policy suits to the two-year Standard Fire Policy period.
- District court initially denied summary judgment on breach of contract, then, on reconsideration, reformed the policy to conform fire coverage to two years but left theft coverage at one year.
- The district court did not resolve whether Rule 120-2-20-.02 is valid or whether the entire action is barred by the one-year limitation; the Eleventh Circuit certified Georgia questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of Rule 120-2-20-.02 under Georgia law | White argues the Rule is unconstitutional/unauthorized and should reform policy to two years. | State Farm contends the Commissioner had authority to promulgate the Rule. | Questions certified to Georgia Supreme Court; no ruling on validity. |
| Whether the action is barred by the Policy's one-year limitation | White asserts the one-year clause violates Georgia law and should be invalid or reformed. | State Farm relies on the one-year limitation and on Rule 120-2-20-.02 to argue timeliness. | Questions certified to Georgia Supreme Court; no ruling on timeliness. |
Key Cases Cited
- Osterneck v. E.T. Barwick Indus., Inc., 825 F.2d 1521 (11th Cir. 1987) (liberal construction of notices of appeal; limits on review of unlisted judgments)
- Jones v. Dillard's, Inc., 331 F.3d 1259 (11th Cir. 2003) (certification appropriate for unresolved questions of state law)
- Fireman’s Fund Ins. Co. v. Dean, 441 S.E.2d 436 (Ga. Ct. App. 1994) (policy conforming with standard fire policy limits; relevance to reform)
- Miller v. Scottsdale Ins. Co., 410 F.3d 678 (11th Cir. 2005) (scope of federal certification of state-law questions)
- Thornton v. Ga. Farm Bureau Mut. Ins. Co., 695 S.E.2d 642 (Ga. 2010) (earlier application of the Standard Fire Policy rules)
- Morrill v. Cotton States Mut. Ins. Co., 666 S.E.2d 582 (Ga. Ct. App. 2008) (pre-Rule context for fire policy regulation)