United States Fifth Circuit

Where an excess insurer's coverage is not required to satisfy a carrier's minimum level of financial responsibility under the Motor Carrier Act, the form MCS-90 endorsement does not require the excess carrier to satisfy a judgment below its liability floor simply because it is the first solvent insurer.

Appellate Information

• Decided 04/04/2007
• Published 04/05/2007

Judges

• REAVLEY, Circuit Judge:, Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Andy Wade Tindel (argued), Provost, Umphrey, Youngdahl & Sadin, Tyler, TX, Gilbert Don Wheeler, Center, TX, Darrin M. Walker, Law Office of Darrin Walker, Kingwood, TX, for Wells., Ronald Edwin Tigner, Gregory S. Hudson (argued), Preis, Kraft & Roy, Patrick Michael Kemp, Martin, Disiere, Jefferson & Wisdom, Houston, TX, for Gulf Ins.