Government Employees Insurance Company v. Robert Brown and Peggy Brown

This diversity appeal presents an important issue of Mississippi law which is particularly appropriate for resolution by the Supreme Court of Mississippi. Thus, we defer decision in the cause and certify the issue to the Supreme Court of Mississippi.

Following our practice, we requested that the parties submit a proposed agreed statement of the facts and certificate of the question to be decided. See West v. Caterpillar Tractor Co., Inc., 504 F.2d 967 (5th Cir. 1974). The parties, in response, have agreed on the statement and certificate.

Because resolution of the proposed certified issue could…