Legal Opinion

John Deere Insurance Company, Plaintiff-Counter v. Truckin' U.S.A., Transport Insurance Company, Defendant-Counter Claimant-Appellant

Court of Appeals for the Fifth Circuit

Decided September 19, 1997No. 97-10025PublishedCited by 27 opinions

1Opinion of the Court

DUHÉ, Circuit Judge:

Transport Insurance Company appeals the district court’s grant of John Deere Insurance Company’s motion for summary judgment on the issue whether John Deere had a duty under its liability insurance policy to defend, indemnify or reimburse either Transport or Transport’s insured, Copp Trucking. Transport also appeals the district court’s denial of its own motion for summary judgment on the same issues. For the reasons that follow, we affirm.

I

This appeal arises out of a traffic accident involving a tractor-trailer rig and an automobile occupied by the Kurocik family. Mr. and…

2Cases cited5 opinions

  1. Laura Marie Rhodes v. Chicago Insurance Company, a Division of Interstate National CorporationCourt of Appeals for the Fifth Circuit · 1983
  2. Canal Insurance Company v. First General Insurance CompanyCourt of Appeals for the First Circuit · 1990
  3. State Farm Fire & Casualty Co. v. Wade, Texas Court of Appeals, 13th District1992
  4. Floors Unlimited, Inc., D/B/A First Floors v. Fieldcrest Cannon, Inc.Court of Appeals for the First Circuit · 1995
  5. Cook v. Ohio Casualty Insurance CompanyCourt of Appeals of Texas · 1967

3Cited by27 opinions

  1. Northfield Insurance v. Loving Home Care, Inc.Court of Appeals for the Fifth Circuit · 2004
  2. Matagorda Ventures, Inc. v. Travelers Lloyds InsuranceDistrict Court, S.D. Texas · 2001
  3. John Deere Insurance Company v. Guillermo NuevaCourt of Appeals for the Ninth Circuit · 2000
  4. Westport Insurance v. Atchley, Russell, Waldrop & Hlavinka, L.L.P.District Court, E.D. Texas · 2003
  5. Weingarten Realty Management Co. v. Liberty Mutual Fire Insurance Co., Texas Court of Appeals, 14th District (Houston)2011

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