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LINCOLN GENERAL INS. CO. v. DE LA LUZ GARCIA

No. 05-20938.

501 F.3d 436 (2007)

LINCOLN GENERAL INSURANCE CO., Plaintiff-Intervenor Defendant-Appellee, v. Maria DE LA LUZ GARCIA, doing business as Garcia's Tours, Defendant, v. Claudia Morquecho, individually and as next friend of her minor child Diana Morquecho and her minor child Veronica Hernandez Morquecho; Jose Morquecho; Juana Morquecho, individually and as next friend of her minor child Erick Ivan Rodriguez Morquecho; Marcelina Morquecho, individually and as next friend of her minor child Richardo Velazquez Morquecho; Fidel Morquecho, individually and as personal representative of the Estate of Virginia Anquina Serna, his wife, deceased, and as personal representative of the Estate of Jamie Morquecho, his son, deceased, Intervenor Plaintiffs-Appellants.

United States Court of Appeals, Fifth Circuit.

September 21, 2007.

Attorney(s) appearing for the Case

Ruth Greenfield Malinas (argued), Larry D. Warren, Ball & Weed, San Antonio, TX, for Lincoln Gen. Ins. Co., Plaintiff-Intervenor Defendant-Appellee.

Scott Eugene Raynes (argued), Werner, Kerrigan & Ayers, LLP, Steven Eugene Norris, Norris Cantu, Houston, TX, for Intervenors Plaintiffs-Appellants.

Before KING, GARZA and PRADO, Circuit Judges.

PRADO, Circuit Judge:

The issue of first impression before us is whether a federally prescribed form endorsement covers a bus accident occurring in Mexico. The district court held that it does not and granted summary judgment in favor of the insurer. For the reasons that follow, we affirm the judgment of the district court.

I. BACKGROUND

A. Factual Background

On April 7, 2004, a tour bus owned by Maria De La Luz Garcia, doing business...

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