Legal Opinion
Jason Wells v. Gulf Insurance Co.
Court of Appeals for the Fifth Circuit
Decided April 4, 2007No. 06-40911PublishedCited by 8 opinions
1Opinion of the Court
REAVLEY, Circuit Judge:
The issue here is whether an endorsement — the form of which is prescribed by the Motor Carrier Act’s implementing regulations — requires an excess insurer to drop below its liability floor and pay a judgment when it is the first solvent insurer. The district court thought so. We disagree and reverse.
I
The Motor Carrier Act of 1980 (the “Act”) and its implementing regulations require carriers like Defendanb-Appellant Builder’s Transport, Inc. (“BTI”) to demonstrate that they are in some way insured against damage they cause. 1 A carrier can fulfill its responsibility by…
2Cases cited7 opinions
- Empire Fire and Marine Insurance Company v. Guaranty National Insurance CompanyCourt of Appeals for the Tenth Circuit · 1989
- T.H.E. Insurance v. Larsen Intermodal Services, Inc.Court of Appeals for the Fifth Circuit · 2001
- Schneider National Transport v. Ford Motor Co.Court of Appeals for the Fifth Circuit · 2002
- American Inter-Fidelity Exchange v. American Re-Insurance CompanyCourt of Appeals for the Seventh Circuit · 1994
- Canal Insurance v. Carolina Casualty InsuranceCourt of Appeals for the First Circuit · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Canal Insurance v. ColemanCourt of Appeals for the Fifth Circuit · 2010
- Lincoln General Insurance v. De La Luz GarciaCourt of Appeals for the Fifth Circuit · 2007
- Castro v. Budget Rent-A-Car System, Inc.California Court of Appeal · 2007
- Scottsdale Insurance v. Knox Park Construction, Inc.Court of Appeals for the Fifth Circuit · 2007
- Martinez v. Empire Fire & Marine Ins. Co.Connecticut Appellate Court · 2014
3 more not listed; retrieve them via the Exa API.