934 F. 2d 324 - Cf Truck Load Service Inc v. Industrial Indemnity Company
934 F2d 324 Cf Truck Load Service Inc v. Industrial Indemnity Company
934 F.2d 324
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
CF TRUCK LOAD SERVICE, INC., Plaintiff-Appellant,
v.
INDUSTRIAL INDEMNITY COMPANY, a California Corporation,
Defendant-Appellee.
No. 90-55874.
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.
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MEMORANDUM*
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. Sec. 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.
AFFIRMED.
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