Opinion
No. 12-31064
05-29-2015
DANNY KELLY, Plaintiff - Appellant v. STATE FARM FIRE & CASUALTY COMPANY, Defendant - Appellee
Appeal from the United States District Court for the Middle District of Louisiana
USDC No. 3:09-CV-619
Before HIGGINBOTHAM, CLEMENT, and PRADO, Circuit Judges. PER CURIAM:
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
Plaintiff-appellant Danny Kelly appealed the district court's grant of summary judgment to defendant-appellee State Farm Fire & Casualty Company ("State Farm"). We certified two dispositive questions of state law to the Supreme Court of Louisiana. Kelly v. State Farm Fire & Cas. Co., 582 F. App'x 290 (5th Cir. 2014) (per curiam). The Supreme Court of Louisiana answered these two questions in a thorough opinion. Kelly v. State Farm Fire & Cas. Co., ___ So. 3d ___, No. 2014-CQ-1921, 2015 WL 2082540 (La. May 5, 2015). Among other things, this opinion undermines the district court's determination that Kelly's claims were precluded because State Farm never received a firm settlement offer. Accordingly, we VACATE the judgment of the district court and REMAND for further proceedings consistent with the opinion of the Supreme Court of Louisiana.