Morey v. Western American Specialized Transportation Services, Inc.

JOHN R. BROWN, Circuit Judge:

In this diversity action involving a truck cargo insurance policy, the District Court found on cross-motions for summary judgment that the cargo claims at issue were covered by the policy and the exclusion championed by the insurer did not apply. Additionally, the District Court found that the insurer’s denial of coverage, albeit erroneous, was not arbitrary, capricious or made without probable cause and that, therefore, the insured was not entitled to statutory penalties and attorneys’ fees. We affirm.

A trucker’s tale

Plaintiff-Appellant Philip David Morey…