· 3/2/2001
T.H.E. Insurance v. Larsen Intermodal Services, Inc.
Citations
- 242 F.3d 667
- 2001 U.S. App. LEXIS 3113
- 2001 WL 128339
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 endorsement does not itself create a duty to defend the insured
- holding that the MCS-90 Endorsement gives an insurer a right of reimbursement from its insured as to claims covered by the endorsement but not ordinarily covered under the policy
- noting that “[t]he First Circuit has aptly described the obligation placed upon the insurer by the MCS-90 as one of suretyship”
- stating that under Louisiana law, “an insured is presumed to know the provisions of his policy.”
- recognizing but distinguishing Richards, noting that Richards was not applicable because the case at bar was factually dissimilar due to the presence of a named insured
- purpose of MCS-90 endorsement is to assure that injured members of public are able to collect on judgments obtained against negligent carriers
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Higginbotham, Duhé
Read full opinion on CourtListenerSourced 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.