Canal Indem. Co v. Arturo Galindo, Jr., 344 F. App'x 909 (5th Cir. 2009). · Go Syfert
Canal Indem. Co v. Arturo Galindo, Jr., 344 F. App'x 909 (5th Cir. 2009). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 3 distinct courts.
Strongest positive: United Specialty Ins. Co. v. Barriga CA4/1 (calctapp, 2023-04-18)
Top citers, strongest first. 6 distinct citers. How cited ↗
cited Cited as authority (rule) United Specialty Ins. Co. v. Barriga CA4/1
Cal. Ct. App. · 2023 · confidence medium
Co. v. Galindo (5th Cir. 2009) 344 Fed.Appx. 909, 911 (per curiam) (Canal), italics added; see also Lincoln General Ins.
discussed Cited as authority (rule) Burlington Insurance Company v. Ranger Specialized
5th Cir. · 2018 · confidence medium
Co. v. Galindo, 344 F. App’x 909, 911 (5th Cir. 2009). 8 Great American’s interpretation of the PPCA is binding on this panel, so we reverse the district court’s judgment to the extent it imposed the 18 percent statutory penalty after the “date of judgment.” Because the PPCA is a Texas statute, the “date judgment was rendered in the trial court” must be assessed in light of Texas law.
discussed Cited as authority (rule) Lyda Swinerton Builders, Inc. v. Oklahoma Surety Co.
5th Cir. · 2017 · confidence medium
Co. v. Galindo, 344 Fed.Appx. 909, 911 (5th Cir. 2009). 9 Great American’s interpretation of the PPCA is binding on this panel, so we reverse the district court’s judgment to the extent it imposed the 18 percent statutory penalty after the “date of judgment.” Because the PPCA is a Texas statute, the “date judgment was rendered in the trial court” must be assessed in light of Texas law.
discussed Cited as authority (rule) Burlington Insurance Company v. Ranger Specialized
5th Cir. · 2017 · confidence medium
Co. v. Galindo, 344 F. App’x 909, 911 (5th Cir. 2009). 9 Great American’s interpretation of the PPCA is 8 The court in Great American did not examine the PPCA in any detail—it simply relied on language in Mex-Tex. The court in Mex-Tex, in turn, does not appear to have even considered the issue of when the penalty’s accrual period ends; its passing statement that the insured was entitled to the statutory penalty “to the date of judgment” seems to have been a reference to an uncontested aspect of the trial court’s judgment.
cited Cited as authority (rule) Martinez v. Empire Fire & Marine Ins. Co.
Conn. · 2016 · confidence medium
Co. v. Coleman, supra, 625 F.3d 249 n.7 (‘‘[w]e have previously deter- mined that MCS-90B cases control our interpretation of the MCS-90’’); Canal Indemnity Co. v. Galindo, 344 Fed.
examined Cited as authority (rule) Canal Insurance v. Coleman (3×) also: Cited "see"
5th Cir. · 2010 · confidence medium
Id. at 911.
Retrieving the full opinion text from the archive…
CANAL INDEMNITY COMPANY, Plaintiff-Appellee
v.
Arturo GALINDO, Jr., Doing Business as Art’s Transport Service; Guadalupe Kiniskey; Ruth G. Cantu; Herlinda Silva-Urteaga, Defendants-Appellants
09-50290.
Court of Appeals for the Fifth Circuit.
Sep 14, 2009.
344 F. App'x 909
John Barnaby Skaggs, Lynse Larance Guerra, Skaggs & Associates, McAllen, TX, for Plaintiff-Appellee., Stephen Edwards Walraven, Langley & Banack, San Antonio, TX, Michael Weinberg, Weinberg & Weinberg, Houston, TX, for Defendants-Appellants.
Higginbotham, Clement, Southwick.
Cited by 8 opinions  |  Unpublished
PER CURIAM: *

Canal Indemnity Company brought an action for a declaratory judgment that its policy did not cover an accident in Mexico. The district court granted summary judgment to Canal. We AFFIRM.

In 2007, the Defendants were involved in a two-vehicle accident on a highway in Mexico about one mile from the United States border. Canal insured a tractor-trailer rig involved in the accident. It was owned by one Defendant, Arturo Galindo, Jr., and driven by another, Guadalupe Kin-iskey. The other vehicle was driven by a third Defendant, Ruth Cantu, with the final Defendant, Herlinda Silva-Urteaga, as a passenger.

Two nearly identical statutes are at the center of the legal dispute. See 49 U.S.C. §§ 31138 and 31139. Both prescribe minimum financial responsibility to third parties for an insured who is engaged in certain types of transportation. Section 31139 is applicable to this accident. The other statute, Section 31138, nearly identical in language but applicable to different vehicles, has recently been interpreted by this court. Whether the same reasoning applies to the statute applicable here is the issue that confronts us.

The applicable statute is captioned “Minimum financial responsibility for transporting property.” 49 U.S.C. § 31139. A provision, designated the “MCS-90 endorsement,” is added to liability policies as a result of the statute’s mandate. The endorsement does not expand upon the statutory language but instead requires payment of judgments “subject to the financial requirements” of this statute. So to determine the meaning of the MCS-90 endorsement, we must examine the statute. It imposes responsibility for certain categories of damages that arise from

the transportation of property by motor earner ... in the United States between a place in a State and—
(A) a place in another State;
(B) another place in the same State through a place outside of that State; or
(C) a place outside the United States.

Id. § 31139(b)(1).

Certainly, this language refers to transportation on routes that include travel in[*911] Mexico. The Defendants, who wish to recover on the policy, argue that the phrase in the first part of the quoted language, “in the United States,” is referring to motor carriers subject to the regulatory authority of the United States. They deny that the reference to this country should be seen as modifying the location of the necessary transportation.

In resolving this interpretive issue, we return to the point noted earlier, namely, that another similar statute has recently been analyzed by this court.

The other statute creates a mandate for “[mjinimum financial responsibility for transporting passengers.” 49 U.S.C. § 31138. The relevant language is identical to that we just quoted from Section 31139, except that the word “passengers” is substituted for the word “property.” The requirements of Section 31138 are applied through an endorsement, MCS-90B, which also refers to its relevant statute to define coverage. Although the two statutes and the endorsements admittedly govern different types of transportation, they are otherwise indistinguishable in form and language.

In ruling that there was no coverage, the district court relied chiefly on our decision interpreting Section 31138. See Lincoln Gen. Ins. Co. v. De La Luz Garcia, 501 F.3d 436 (5th Cir.2007). Lincoln involved an automobile accident in Mexico in which third parties sustained injuries due to the alleged negligence of a motor carrier insured in the United States. Id. at 437-38. The insurance policy contained an MCS-90B federal endorsement. Id. at 438. We found that the language of Section 31138 limited coverage only to the portions of transportation that occur inside the United States. Id. at 442.

The Defendants suggest certain distinctions prevent the extension of the Lincoln analysis to this case. For example, Sections 31138 and 31139 were created by different legislative acts. We do not review that legislative history. By using identical language in the two statutes to apply liability to passengers and to property, Congress gave the statutes an identical reach.

In addition to seeking to distinguish Lincoln, it is clear that the Defendants also re-argue the points resolved in that decision. We are bound by the prior panel’s interpretation except to the extent we find a principled basis to distinguish it from this case. We find none.

The recommendations of the magistrate and the district court’s responses to the Defendants’ objections are sound. For the reasons more thoroughly explained in those rulings, we find that Section 31139 and the MCS-90 endorsement extend minimum financial responsibility only to the portions of transportation by a motor carrier or private carrier occurring within the United States. The district court’s judgment is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.