Turbo Trucking Co., Inc. v. Those Underwriters at Lloyd's London, No. 85-4252

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore POLITZ, GARWOOD and JOLLY; POLITZ
Citation776 F.2d 527
PartiesTURBO TRUCKING COMPANY, INC., Plaintiff-Appellant, v. THOSE UNDERWRITERS AT LLOYD'S LONDON, etc., et al., Defendants-Appellees. Summary Calendar.
Docket NumberNo. 85-4252
Decision Date15 November 1985

Page 527

776 F.2d 527
TURBO TRUCKING COMPANY, INC., Plaintiff-Appellant,
v.
THOSE UNDERWRITERS AT LLOYD'S LONDON, etc., et al.,
Defendants-Appellees.
No. 85-4252
Summary Calendar.
United States Court of Appeals,
Fifth Circuit.
Nov. 15, 1985.

Page 528

James W. Nobles, Jr., Jackson, Miss., Kellis L. Madison, Pearl, Miss., for plaintiff-appellant.

Watkins & Eager, Richard T. Lawrence, Jackson, Miss., for Lloyd's.

Daniel, Coker, Horton & Bell, Roy A. Smith, Jr., Thomas A. Bell, Jackson, Miss., for Darrah & Tractor-Trailer.

Appeal from the United States District Court for the Southern District of Mississippi.

Before POLITZ, GARWOOD and JOLLY, Circuit Judges.

POLITZ, Circuit Judge:

This appeal poses a single question: under Mississippi law, is an unsigned salvage endorsement, included in the insurance policy folder when delivered to the insured, to be considered as part of the policy? In granting summary judgment to the defendants the district court answered that question in the affirmative. Agreeing, we affirm.

FACTS

The parties concur that there is no genuine issue of material fact extant. The facts are essentially stipulated. Defendant underwriters, through their agent Will Darrah & Associates, Inc., issued Turbo Trucking Company, Inc. a policy providing physical damage insurance for its vehicles. During the policy period, two Peterbilt tractors and one Timpte trailer sustained damage. The amount of damages is not in dispute. Totalling the damages, plus a portion of the wrecker charges less deductibles, Turbo claimed $63,532.01 under the policy. Accepting Turbo's damage assessment, but contending that they are entitled to the salvage value of the vehicles, the amount of which is not disputed, defendants contend that they owe, and they deposited in the registry of the court, the sum of $49,397.15. The district court accepted defendants' interpretation of the policy and rendered summary judgment accordingly.

The eight-page policy was stapled to the back of a manila folder. The folder is an integral part of the insuring agreement. General insurance provisions, including definitions, exclusions, and conditions, are found on both inside covers and on the rear outside cover. The front of the folder carries the identifying title "Automobile Physical Damage Insurance" and reflects the names of the underwriters' agent, their local agent, and also includes an invoice for the policy.

A page entitled "Application of Salvage Endorsement" was inserted in the policy packet behind the eight pages. The paragraph upon which this appeal turns is centered on this page in bold-faced type:

"APPLICATION OF SALVAGE: IN THE EVENT OF LOSS, THE UNDERWRITERS MAY, AT THEIR OPTION, PAY THE AMOUNT STATED IN THE LIMIT OF LIABILITY IN THE SCHEDULE, LESS THE DEDUCTIBLE, AND SAID PAYMENT SHALL ENTITLE THE UNDERWRITERS TO ALL SALVAGE RESULTING AFTER LOSS."

This endorsement contains no other identifying language or signature but it was included in the policy packet when issued by the underwriters. The affidavit of the underwriters' agent attests that the application of salvage endorsement is a part of every physical damage policy issued by the underwriters in Mississippi.

Turbo maintains that...

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12 practice notes
  • Asarco LLC v. Americas Min. Corp., Civil No. B-07-018.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 12 de outubro de 2007
    ...that is try to predict the course of the highest court in Arizona. Turbo Trucking Co., Inc. v. Those Underwriters at Lloyd's London, 776 F.2d 527, 529 (5th When an Arizona court is confronted with a legal issue that no other Arizona court has addressed, it looks for guidance from other juri......
  • Jackson v. Johns-Manville Sales Corp., JOHNS-MANVILLE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 22 de janeiro de 1986
    ...courts would adopt the prevailing rule if called upon to do so.' " Turbo Trucking Company v. Those Underwriters at Lloyd's London, 776 F.2d 527, 529 (5th Cir.1985) (quoting Hensley v. E.R. Carpenter Co., 633 F.2d 1106, 1109 (5th Cir.1980)) (citation omitted) (bracket in original). See also ......
  • Isquith for and on Behalf of Isquith v. Middle South Utilities, Inc., No. 87-3081
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 7 de junho de 1988
    ...See Reid v. State Farm Mut. Auto Ins. Co., 784 F.2d 577, 578 (5th Cir.1986); Turbo Trucking Co. v. Those Underwriters at Lloyd's London, 776 F.2d 527, 529 (5th Cir.1985). We decline, however, to exercise that power We are fundamentally a court of review, not of first analysis, and we have i......
  • Brooks, Tarlton, Gilbert, Douglas & Kressler v. U.S. Fire Ins. Co., No. 86-1768
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 5 de novembro de 1987
    ...subject to full appellate review the questions raised by the parties. See id.; Turbo Trucking Co. v. Those Underwriters at Lloyd's London, 776 F.2d 527, 529 (5th Cir.1985). Moreover, because the parties chose our federal forum in which to litigate their diversity suit, we are bound by the p......
  • Request a trial to view additional results
12 cases
  • Asarco LLC v. Americas Min. Corp., Civil No. B-07-018.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • 12 de outubro de 2007
    ...that is try to predict the course of the highest court in Arizona. Turbo Trucking Co., Inc. v. Those Underwriters at Lloyd's London, 776 F.2d 527, 529 (5th When an Arizona court is confronted with a legal issue that no other Arizona court has addressed, it looks for guidance from other juri......
  • Jackson v. Johns-Manville Sales Corp., JOHNS-MANVILLE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 22 de janeiro de 1986
    ...courts would adopt the prevailing rule if called upon to do so.' " Turbo Trucking Company v. Those Underwriters at Lloyd's London, 776 F.2d 527, 529 (5th Cir.1985) (quoting Hensley v. E.R. Carpenter Co., 633 F.2d 1106, 1109 (5th Cir.1980)) (citation omitted) (bracket in original). See also ......
  • Isquith for and on Behalf of Isquith v. Middle South Utilities, Inc., No. 87-3081
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • 7 de junho de 1988
    ...See Reid v. State Farm Mut. Auto Ins. Co., 784 F.2d 577, 578 (5th Cir.1986); Turbo Trucking Co. v. Those Underwriters at Lloyd's London, 776 F.2d 527, 529 (5th Cir.1985). We decline, however, to exercise that power We are fundamentally a court of review, not of first analysis, and we have i......
  • Brooks, Tarlton, Gilbert, Douglas & Kressler v. U.S. Fire Ins. Co., No. 86-1768
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 5 de novembro de 1987
    ...subject to full appellate review the questions raised by the parties. See id.; Turbo Trucking Co. v. Those Underwriters at Lloyd's London, 776 F.2d 527, 529 (5th Cir.1985). Moreover, because the parties chose our federal forum in which to litigate their diversity suit, we are bound by the p......
  • Request a trial to view additional results

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