Felix Degollado and Vicenta Degollado, Surviving Parents Andheirs-at-law of Ronnie Degollado, a Deceasedminor, Plaintiffs--appellants, v. Emilio Cruz Gallegos and United States Fidelity and Guarantycompany, Defendants-appellees, 89 F.3d 849 (10th Cir. 1996)
Annotate this CaseBefore PORFILIO, ANDERSON, and BALDOCK, Circuit Judges.
ORDER AND JUDGMENT*
On October 10, 1995, this court certified the following question of law to the Kansas Supreme Court in connection with this case:
Is a provision in an insurance contract limiting uninsured motorist cover-age to the United States and Canada void because territorial limitations are not listed in Kan. Stat. Ann. § 40-284(e) as one of the permitted exclusions to mandatory uninsured motorist coverage?
On May 31, 1996, the Kansas Supreme Court filed an opinion answering the question "no." Degollado v. Gallegos, --- P.2d ----, 1996 WL 287528 (Kan. May 31, 1996). That decision rejects the Degollados' sole argument in this appeal. The insurance contract in question clearly and unambiguously defines the policy territory to exclude Mexico, where the Degollados' tragic accident occurred. Accordingly, we must AFFIRM the district court's decision granting the motion of defendant United States Fidelity and Guaranty Company for judgment on the pleadings.
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3
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