Nordstrom, Inc. v. Highway Group, Inc., D/B/A Highway Merchandise Express, Inc., American Home Assurance Company

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. NORDSTROM, INC., Plaintiff-Appellant, v. HIGHWAY GROUP, INC., d/b/a Highway Merchandise Express, Inc., American Home Assurance Company, et al., Defendant-Appellee. No. 93-55076. United States Court of Appeals, Ninth Circuit. Submitted June 9, 1994. * Decided June 20, 1994. Before: FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 * Highway Merchandise Express, Inc. ("HMX-1"), an interstate motor common carrier, was a subsidiary of Burlington Air Express, Inc. From July 1987 through April 1989 American Home insured HMX-1 in compliance with the Interstate Commerce Commission's ("ICC") requirement that carriers to insured as a prerequisite to being a certified interstate motor common carrier. ER 434; see 49 U.S.C. Sec. 10927 (a)(3) (1988). In July 1987, American Home filed a BMC-32 form with the ICC, pursuant to which American Home agreed to respond directly to cargo claimants for the legal liabilities…