Legal Opinion

Mission National Insurance Company v. Duke Transportation Company, Inc., Duke Transportation, Inc. v. Mission National Insurance Company

Court of Appeals for the Fifth Circuit

Decided June 25, 1986No. 86-4138PublishedCited by 62 opinions

1Opinion of the Court

ROBERT MADDEN HILL, Circuit Judge:

In this Louisiana diversity case, Duke Transportation Company . (Duke) appeals from the district court’s grant of a motion for summary judgment in favor of Mission National Insurance Company (Mission). The district court held that Mission, an excess insurance carrier, was not required to provide primary coverage to or to defend its insured, Duke, after the primary insurance carrier, Northwest Insurance Company (Northwest), became insolvent. Finding the district court’s ruling entirely correct, we affirm.

I

Neither party contests the facts of this case. Duke…

2Cases cited6 opinions

  1. Reserve Insurance Co. v. PisciottaCalifornia Supreme Court · 1982
  2. MacAlco, Inc. v. Gulf Insurance Co.Missouri Court of Appeals · 1977
  3. Continental Marble & Granite v. Canal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1986
  4. Rafael E. Molina v. United States Fire Insurance Company, a Corporation, Rafael E. Molina v. United States Fire Insurance Company, a CorporationCourt of Appeals for the Fourth Circuit · 1978
  5. Gros v. Houston Fire & Casualty Insurance CompanyLouisiana Court of Appeal · 1967

1 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Arkwright-Boston Manufacturers Mutual Insurance Company v. Aries Marine CorporationCourt of Appeals for the Fifth Circuit · 1991
  2. Interco Incorporated v. National Surety Corporation Federal Insurance CompanyCourt of Appeals for the Eighth Circuit · 1990
  3. Sifers v. General Marine Catering Co.Court of Appeals for the Fifth Circuit · 1990
  4. Zurich Insurance Company, Plaintiff-Counterdefendant-Appellee v. The Heil Company, Defendant-Counterplaintiff-AppellantCourt of Appeals for the Seventh Circuit · 1987
  5. Donegal Mutual Insurance v. LongSupreme Court of Pennsylvania · 1991

57 more not listed; retrieve them via the Exa API.

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