Aug
18
Written by:
Eric Wolfram
8/18/2009 12:48 PM
http://www.ca5.uscourts.gov/opinions/pub/08/08-10381-CV0.wpd.pdf
In this case, the Fifth Circuit subdivided issues relating to coverage, and by piecing together a series of sub-holdings was able to deny coverage to the insured. The insured was a driver who was asleep in the sleeper compartment and his co-driver rolled the truck, killing the insured. Court held no insurance. To do so, had to find driver was an "employee" of a sole proprietorship, had to go outside the "8 corners rule" and that the dead man was a co-driver with the driver.
If the court wants to deny coverage, it can more easily do so by using a detailed analysis of small issues and then piece them back together again to "conclude" that the insurance company wins. This arises from a textual hyper-literalism, which can escape a more common-sense reading of the insurance contract as a whole (which used to be one of the controlling canons of construction).
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