Transcontinental Insurance v. Rainwater Construction Co.

RILEY, Circuit Judge.

Rainwater Construction Company, LLC (Rainwater) purchased insurance policies from Transcontinental Insurance Company and Transportation Insurance Company, both subsidiaries of CNA Financial Corporation (collectively, CNA). The insurance policies contained a “Named Driver Exclusion Endorsement,” which stated that insurance coverage “does not apply to any claims, damages, expenses or ‘loss’ ... arising out of the maintenance, operation or use of any ‘auto’ by [Rickey Joseph Kitchen (Kitchen)].” On October 19, 2005, as Kitchen drove a Rainwater truck and trailer over an…