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· 1/5/1990

Canal Insurance Company v. First General Insurance Company

Citations

  • 889 F.2d 604
  • 1989 WL 138816

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the MCS-90 reads excess and other-insurance clauses out of the policy as against injured members of the public.
  • recognizing that the MCS-90 reads excess and other-insurance clauses out of the policy as against injured members of the public.
  • noting that “policy embodied in the statutes and regulations was to assure that injured members of the public would be able to obtain judgments collectible against negligent authorized carriers.”
  • “[T]he policy embodied in the [financial responsibility] statutes and regulations was to assure that injured members of the public would be able to obtain judgments collectible against negligent authorized carriers.”
  • defendant’s defense of failure to plead fraud with particularity waived when the defendant stipulated in the pretrial memorandum that the insurance policy at issue was in full force and effect
  • “[T]he ICC is empowered to promulgate regulations to insure that motor carriers operating tractors or trailers as lessees under leasing arrangements . . . assume total responsibility for the operation of their rented vehicles, including obtaining adequate insurance.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Gee, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.