United States Second Circuit

In an action seeking a declaration that federal law required an insurer to satisfy an unpaid judgment entered in favor of the plaintiffs in a negligence action against the defendant's insured, it is held that the district court did not err in ruling that the insurer was entitled to judgment as a matter of law on the basis of the evidence that: 1) the insured, a bus company, had to have intended two trips in order to perform two separate obligations, only one of which was interstate; 2) the accident occurred on the trip that was wholly intrastate; and; 3) the policy endorsement providing coverage for interstate trips therefore did not apply.

Appellate Information

• Decided 05/21/2012
• Published 05/21/2012

Judges

• Kearse

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edward J. Carroll, Roy W. Vasile