Carolina Cas. Ins. Co. v. Yeates, No. 07-4019

In an action by an insurer seeking a declaration that it had no liability to plaintiffs under a general liability policy, judgment for defendants is reversed where the MCS-90 endorsement in the policy was intended to impose a surety obligation on the insurance company, and thus when an injured party obtains a negligence judgment against a motor carrier, an insurer's obligation under the MCS-90 endorsement is not triggered unless: 1) the underlying insurance policy (to which the endorsement is attached) does not provide liability coverage for the accident; and 2) the carrier's other insurance coverage is either insufficient to meet the federally-mandated minimums or non-existent.

Read Carolina Cas. Ins. Co. v. Yeates, No. 07-4019

Appellate Information

Filed September 3, 2009

Judges

Opinion by Judge Tymkovich

Counsel

For Appellant:

R. Clay Porter, Dennis, Corry, Porter & Smith, L.L.P., Atlanta, GA

Beth R. Holck, Dennis, Corry, Porter & Smith, L.L.P., Atlanta, GA

For Appellees:

Jesse C. Trentadue, Suitter Axland, PLLC, Salt Lake City, UT