JOHN DEERE INS. CO. v. NUEVA

No. 98-56464.

229 F.3d 853 (2000)

JOHN DEERE INSURANCE COMPANY, an Illinois corporation, Plaintiff-cross-defendant-Appellee, v. Guillermo NUEVA, Defendant-Appellant, Los Angeles County Metropolitan Transportation Authority, Defendant-cross-claimant-Appellant, and Joo Sang Lee, Dedric Mangum, Rashpal Singh, Gurmukh Singh Garcha, Blue Star Trucking, aka Blue Star Transportation, Inderjit Singh, Southwestern Carriers, Baljit Sahota, Progressive Northwestern Insurance Company, Tarsem Singh, Defendants-Cross-defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2000.


Attorney(s) appearing for the Case

Jacqueline Jordan Leung, Boornazian, Jensen & Garthe, Oakland, California, for the appellants.

Garth Goldberg, Wilson, Kenna & Borys LLP, Los Angeles, California, for the appellee.

Before: Procter HUG, Jr., Chief Judge, Warren J. FERGUSON, Circuit Judge, and Jane A. RESTANI, Court of International Trade Judge.


HUG, Chief Judge:

We are asked to decide whether a federally mandated endorsement to an insurance policy creates a duty on the part of an insurer to indemnify a permissive user of an auto not covered by the underlying policy for injuries he negligently caused to members of the public. The district court found that the endorsement did not modify the policy to require indemnification and granted summary judgment for the insurer. This is an issue of first impression...

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