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INTEGRAL INS. CO. v. LAWRENCE FULBRIGHT TRUCKING

No. 1142, Docket 90-9022.

930 F.2d 258 (1991)

The INTEGRAL INSURANCE COMPANY, Plaintiff-Appellant, v. LAWRENCE FULBRIGHT TRUCKING, INC.; Charles S. Klutz; A.L.C. Transportation, Inc.; Valley Transportation of Vale, Inc.; Kathleen McGoldrick; Patricia McGoldrick, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 15, 1991.

Attorney(s) appearing for the Case

Edward Farman, New York City (Laurence J. Rabinovich, Schindel, Cooper & Farman, New York City, of counsel), for plaintiff-appellant.

Michael G. Glass, Melville, N.Y. (Robert A. Katz, Gandin, Schotsky & Rappaport, P.C., Melville, N.Y., of counsel), for defendants-appellees Kathleen and Patricia McGoldrick.

Before KEARSE, PRATT and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Plaintiff-appellant The Integral Insurance Company ("Integral") appeals from a judgment entered upon cross-motions for summary judgment declaring that it is obligated to indemnify pursuant to an MCS-90 endorsement included in a trucker's policy issued to defendant Lawrence Fulbright Trucking, Inc. ("Fulbright"). The MCS-90 endorsement, which is mandated by § 29 of the Motor Carrier Act of 1980, 49 U.S.C. § 10927 ("MCA"), requires...

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