United States Fifth Circuit

In a coverage dispute, summary judgment against an insured, whose policy had expired 3 days before his music store was struck by fire, is affirmed where: 1) plaintiff could not enforce a policy servicing agreement as a third party beneficiary; 2) an insurance agent never rescinded defendant-insurer's notice of non-renewal, nor did it renew the policy; and 3) defendant was not vicariously liable for general negligence by the agent.

Appellate Information

• Decided 01/08/2007
• Published 01/09/2007

Judges

• BENAVIDES, Circuit Judge:, Before KING, BENAVIDES and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Cecil Maison Heidelberg (argued), Maison Heidelberg, Ridgeland, MS, for Plaintiff-Appellant.


• For Appellees:
  
• W. Kurt Henke, Jeffrey S. Dilley (argued), Henke-Bufkin, Lyon, MS, for Defendants-Appellees.