Canal Insurance v. Distribution Services, Inc.
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge WILLIAMS and Judge DIANA GRIBBON MOTZ joined.
OPINION
HAMILTON, Senior Circuit Judge.
This appeal presents the question of first impression in our circuit: Whether an “Endorsement for Motor Carrier Policies of Insurance for Public Liability Under Sections 29 and 30 of the Motor Carrier Act of 1980,” 1 commonly referred to as the MCS-90 endorsement, 2 determines the allocation of loss among insurers. Consistent with the majority view of our sister circuits, we answer this question in the negative.
I
In order to…
2Cases cited18 opinions
- Higgins v. E.I. DuPont de Nemours & Co.Court of Appeals for the Fourth Circuit · 1988
- Empire Fire and Marine Insurance Company v. Guaranty National Insurance CompanyCourt of Appeals for the Tenth Circuit · 1989
- Fed. Carr. Cas. P 84,034 Prestige Casualty Company v. Michigan Mutual Insurance Company, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
- Canal Insurance Company v. First General Insurance CompanyCourt of Appeals for the First Circuit · 1990
- T.H.E. Insurance v. Larsen Intermodal Services, Inc.Court of Appeals for the Fifth Circuit · 2001
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3Cited by1 opinion
- Canal Insurance Company v. Distribution Services, IncorporatedCourt of Appeals for the Fourth Circuit · 2003