MOTOR CARRIERS (INSURANCE) / Declaratory judgment action by insurance carrier against trucking company – held: Insurance carrier had no duty to indemnify trucking company for accident involving trucking company’s independent contractor’s truck while that truck was being driven by an employee of trucking company (driving on behalf of independent contractor and not on behalf of trucking company).

“Although Congress required motor carriers to obtain public-liability insurance, it did not require carriers to obtain insurance for their employees. The regulations expressly provide that this public-liability insurance “does not apply to injury to or death of the insured’s employees while engaged in the course of their employment.” 49 C.F.R. § 387.15.”

“The district court held that the policy contains an exclusion for employees of the insured and that because Olivas was an employee, there was no coverage for his injuries….”

Canal Indemnity Co. v. Rapid Logistics, Inc., Slip copy, 2013 WL 657665 (U.S. Court of Appeals for the 5th Circuit, February 22, 2013). Free copy available here.