Bohannon v. Allstate Insurance

HILL, Circuit Judge:

We have before us five cases, in which five insurance companies are challenging a federal district court’s certification of a class of its insureds. In each case the plaintiffs are attempting to retrieve proceeds which they claim their insurers received pursuant to the exercise of unauthorized subrogation of their insured’s claims against third parties. Each case presents substantially the same issue; therefore, we have consolidated them for decision. A *951question of Georgia law which the Georgia courts have yet to address will be disposi-tive in each appeal.

Customarily, we…