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WELLS v. GULF INS. CO.

No. 06-40911.

484 F.3d 313 (2007)

Jason WELLS, Plaintiff-Appellee, v. GULF INSURANCE CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 2007.

Attorney(s) appearing for the Case

Andy Wade Tindel (argued), Provost, Umphrey, Youngdahl & Sadin, Tyler, TX, Gilbert Don Wheeler, Center, TX, Darrin M. Walker, Law Office of Darrin Walker, Kingwood, TX, for Wells.

Ronald Edwin Tigner, Gregory S. Hudson (argued), Preis, Kraft & Roy, Patrick Michael Kemp, Martin, Disiere, Jefferson & Wisdom, Houston, TX, for Gulf Ins.

Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.

REAVLEY, Circuit Judge:

The issue here is whether an endorsement—the form of which is prescribed by the Motor Carrier Act's implementing regulations—requires an excess insurer to drop below its liability floor and pay a judgment when it is the first solvent insurer. The district court thought so. We disagree and reverse.

I.

The Motor Carrier Act of 1980 (the "Act") and its implementing regulations...

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