(DOWNLOAD) "American International Specialty Lines Insurance Co. v. Canal Indemnity Co." by United States Court Of Appeals Fifth Circuit. ~ Book PDF Kindle ePub Free
eBook details
- Title: American International Specialty Lines Insurance Co. v. Canal Indemnity Co.
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 15, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 91 KB
Description
The central question presented by this diversity action is the effect, under Louisiana law, of disparate "other insurance" clauses on the obligations of two automobile liability insurance carriers to contribute to the payment of claims made by their common insured. The losses at issue, for pollution-related damages and claims expenses, stem from two accidents involving insured diesel transport trucks. Primary carrier Canal Indemnity Company ("Canal") appeals from the district courts partial summary judgment ruling in favor of American International Specialty Lines Insurance Company ("AISLIC") denying proration of the co-insurers coverage responsibilities for the second accident. Canal also appeals the district courts determination that AISLICs payment of the claim made for the first accident did not waive AISLICs right to later rely on the terms of the same policy to contest its liability for the losses sustained by their insured. AISLIC cross-appeals the district courts entry of final judgment determining that it was not entitled to reclaim the sums it paid to Canal in contribution for the prior similar claim by the same insured for the first accident. Erie-bound, for the following reasons, we affirm the district courts rulings on the issues of allocation of coverage liability and waiver, reverse the district courts judgment denying reimbursement, and render judgment in favor of AISLIC.