89 F3d 849 Degollado v. Gallegos

89 F.3d 849

Felix DEGOLLADO and Vicenta Degollado, surviving parents and
heirs-at-law of Ronnie Degollado, a deceased
minor, Plaintiffs--Appellants,
v.
Emilio Cruz GALLEGOS and United States Fidelity and Guaranty
Company, Defendants-Appellees.

No. 94-3325.

D.C. No. 94-CV-1154.

United States Court of Appeals, Tenth Circuit.

June 18, 1996.

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

Before PORFILIO, ANDERSON, and BALDOCK, Circuit Judges.

1

ORDER AND JUDGMENT*

2

On October 10, 1995, this court certified the following question of law to the Kansas Supreme Court in connection with this case:

3

Is a provision in an insurance contract limiting uninsured motorist cover-age to the United States and Canada void because territorial limitations are not listed in Kan. Stat. Ann. § 40-284(e) as one of the permitted exclusions to mandatory uninsured motorist coverage?

4

On May 31, 1996, the Kansas Supreme Court filed an opinion answering the question "no." Degollado v. Gallegos, --- P.2d ----, 1996 WL 287528 (Kan. May 31, 1996). That decision rejects the Degollados' sole argument in this appeal. The insurance contract in question clearly and unambiguously defines the policy territory to exclude Mexico, where the Degollados' tragic accident occurred. Accordingly, we must AFFIRM the district court's decision granting the motion of defendant United States Fidelity and Guaranty Company for judgment on the pleadings.

*

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3