Unpublished Disposition, 934 F.2d 324 (9th Cir. 1991)Annotate this Case
CF TRUCK LOAD SERVICE, INC., Plaintiff-Appellant,v.INDUSTRIAL INDEMNITY COMPANY, a California Corporation,Defendant-Appellee.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted May 10, 1991.Decided May 31, 1991.
Before BEEZER, CYNTHIA HOLCOMB HALL and TROTT, Circuit Judges.
CF Truckload Service Inc. ("CF"), assignee of Bray Transportation Company ("Bray"), the insured, appeals summary judgment in favor of Industrial Indemnity Company ("Industrial"), the insurer. CF claims the insurance policy Industrial issued Bray covered stolen cargo, making Industrial liable for $200,000 worth of video cassette players stolen from a truck covered by the policy. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
We review the district court's grant of summary judgment de novo. United States v. Hatcher, 922 F.2d 1402, 1405 (9th Cir. 1991).
Bray's application under the assigned risk plan only requested combined bodily injury and property damage coverage, and uninsured motorist coverage. It did not request cargo insurance. The declarations page of the policy only listed the specific items Bray requested. It did not cover cargo insurance. Accordingly, CF's claims on appeal are without merit.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3