Legal Opinion
Lake Charles Harbor & Terminal District v. Imperial Casualty & Indemnity Co. And Granite State Insurance Company
Court of Appeals for the Fifth Circuit
Decided October 14, 1988No. 88-4006PublishedCited by 13 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
Once more we must teach the lesson that an insurance policy should be written in plain, unambiguous, and understandable language. Applying the usual state law rule that ambiguous insurance policies are construed against the insurer, in this diversity case we affirm a judgment refusing to give effect to an exclusion whose words, read literally, are meaningless.
I
On July 4, 1983, a cable snapped on a shiploader at the Lake Charles Harbor and Terminal District Bulk Terminal causing extensive damage to the loader. At the time of the accident an experienced operator…
2Cases cited11 opinions
- Borden, Inc. v. Howard Trucking Co., Inc.Supreme Court of Louisiana · 1984
- Benton Casing Service, Inc. v. Avemco Ins. Co.Supreme Court of Louisiana · 1979
- Calcasieu-Marine National Bank of Lake Charles v. American Employers' Insurance Co., Louisiana Bank & Trust Co., Cross v. The Employers Liability Assurance Corp., CrossCourt of Appeals for the Fifth Circuit · 1976
- Rodriguez v. Northwestern Nat. Ins. Co.Supreme Court of Louisiana · 1978
- Jersey Insurance Company of New York v. Charles J. Heffron, Jr.Court of Appeals for the Fourth Circuit · 1957
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sentinel Management Co. v. New Hampshire Insurance Co.Court of Appeals of Minnesota · 1997
- Six Flags, Inc. v. Westchester Surplus Lines InsuranceCourt of Appeals for the Fifth Circuit · 2009
- Libbey-Owens-Ford Company v. Insurance Company of North AmericaCourt of Appeals for the Sixth Circuit · 1993
- Alton Ochsner Medical Foundation v. Allendale Mutual InsuranceCourt of Appeals for the Fifth Circuit · 2000
- Arnold v. Cincinnati InsuranceCourt of Appeals of Wisconsin · 2004
8 more not listed; retrieve them via the Exa API.