Gulf Life Insurance Company v. Sidney M. Folsom, Folsom Construction Co., Randall M. Folsom, Lawanda F. Rigdon

The facts of this case are set out in the original panel decision certifying one question of law to the Supreme Court of Georgia pursuant to Ga.Code Ann. § 15-2-9 (1985). Gulf Life Insurance Co. v. Folsom, 794 F.2d 1487 (11th Cir.1986). In that panel opinion we certified the following question:

In an action for money had and received, can the plaintiff recover a payment mistakenly made when that mistake was caused by his lack of diligence or his negligence in ascertaining the true facts and the other party would not be prejudiced by refunding the payment?

The Georgia Supreme Court rendered its…