Aetna Casualty & Surety Company, Cross-Appellee v. The Hertz Corporation, Cross-Appellant

This diversity appeal presents questions of Louisiana law for which there are no clear controlling Louisiana Supreme Court precedents. Two Louisiana Court of Appeals decisions appear to reach conflicting results. Compare Mays v. Aetna Casualty & Surety Co., 242 So.2d 264 (La. 2d Cir. Ct. App. 1970), with Brady v. American Insurance Co., 198 So.2d 907 (La. 4th Cir. Ct. App. 1967). Because the Supreme Court of Louisiana is the source of ultimate authority in this diversity case, we defer decision in the case and certify the issues to it.

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR…