David C. Keever v. First American Title Insurance Company, et al.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-12845
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D.C. Docket No. 4:13-cv-00246-HLM
DAVID C. KEEVER,
individually, and as personal representative of the
Estate of Henry Keever,
Plaintiff-Appellant,
versus
FIRST AMERICAN TITLE INSURANCE COMPANY,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Georgia
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(May 26, 2015)
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Before HULL and BLACK, Circuit Judges, and ANTOON,∗ District Judge.
PER CURIAM:
In this diversity action, plaintiff David C. Keever appeals the district court’s
grant of summary judgment to defendants First American Title Insurance
Company and Old Republic National Title Insurance Company in his action
alleging state-law claims of breach of contract, negligent and bad faith failure and
refusal to settle, and equitable estoppel based on fraud. On appeal, Keever
contends that the district court erred in failing to apply Georgia’s doctrine of
waiver and estoppel to prevent the defendants from denying him coverage under
their respective title insurance policies, despite the fact that he is not an insured
under the policies.
In granting summary judgment to the defendants, the district found, inter
alia, that (1) Keever’s breach-of-contract claims brought in his individual capacity
fail because he was not a party to either defendant’s policy; and (2) Georgia law
provides no support for Keever’s theory that he could be waived into insurance
contracts to which he was never a party or intended beneficiary. Having reviewed
the record and considered the arguments of the parties in their briefs, and with the
∗Honorable John Antoon II, United States District Judge for the Middle District of
Florida, sitting by designation.
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benefit of oral argument, we find no reversible error in the district court’s decision
entered May 21, 2014.1
AFFIRMED.
1 We DENY plaintiff Keever’s request to certify a question to the Georgia Supreme Court.
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