MOREY v. WESTERN AM. SPECIALIZED TRANSP. SERVICES

No. 91-4361.

968 F.2d 494 (1992)

Phillip David MOREY, a Representative Underwriter at Lloyd's of London, Individually and on Behalf of All Underwriters Subscribing to Motor Truck Cargo Policy MC4/90294 Plaintiff Counter Defendant-Appellant Cross Appellee, v. WESTERN AMERICAN SPECIALIZED TRANSPORTATION SERVICES, INC., Defendant Counter Plaintiff-Appellee Cross Appellant.

United States Court of Appeals, Fifth Circuit.

August 14, 1992.


Attorney(s) appearing for the Case

Stephen P. Hall, Julia A. Dietz, Phelps Dunbar, New Orleans, La., for appellant.

Kathryn Wyble, Jackson, Shapiro & Wyble, Baton Rouge, La., for appellee.

James L. Pate, LaBorde & Neuner, Lafayette, La., for amicus curiae Victor Hodge, et al.

Before, BROWN, GARWOOD and EMILIO M. GARZA, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

In this diversity action involving a truck cargo insurance policy, the District Court found on cross-motions for summary judgment that the cargo claims at issue were covered by the policy and the exclusion championed by the insurer did not apply. Additionally, the District Court found that the insurer's denial of coverage, albeit erroneous, was not arbitrary, capricious or made without probable cause and that, therefore, the insured was...

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