Confidential Settlement 18-Wheeler Accident Case Occurring in Mexico

The Firm, acting pursuant to an attorney referral, was lead counsel in a federal court declaratory action and subsequent appeal regarding a dispute as to whether a business auto policy covered a loss that occurred in Mexico. The underlying case arose out of an 18-wheeler accident case that occurred in Mexico. Our clients sustained serious injuries, but insurance coverage was denied on account of the fact that the accident occurred in Mexico.

The case was one of first impression, requiring the court to interpret the territorial reach of the federally mandated MCS-90 endorsement, which a federal statute requires insurers to include in policies issued to motor carriers that transport property in interstate and foreign commerce. The case was resolved adversely at the trial level and was unsuccessfully appealed to the 5^th Circuit. The case settled thereafter on confidential terms.

For more information about this litigation, please contact Michael Weinberg at mweinberg@weinbergfirm.com.