Riley v. TIG Insurance Co

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30521
Summary Calendar
MICHAEL J. RILEY, SR., individually
and on behalf of the class,
Plaintiff-Appellant,
versus
TIG INSURANCE CO.; VALCO-USA CORP.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CV-2267
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May 28, 1997
Before SMITH, DUHE’ and BARKSDALE, Circuit Judges.
PER CURIAM:*
Michael J. Riley, Sr., appeals the district court’s grant of
summary judgment in favor of defendants. The record indicates
that the mortgage debt exceeded the amount of loss, thus
precluding recovery by Riley. See American General Fire &
Casualty Co. v. Reese, 853 F.2d 370, 373 (5th Cir. 1988);
Chrysler Credit Corp. v. Louisiana Ins. Guar. Ass'n, 514 So. 2d
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-30521
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245, 247 (La. Ct. App. 1987). As Riley has no continuing
interest in the property, he would not benefit from any
extinguishment of debt or additional repairs that might be made
if additional sums were paid to the mortgagee. To the extent
Riley claims reimbursement for prior expenses based upon his
reliance interest in a policy of insurance, his claim is to no
avail as the district court correctly held that he could not have
reasonably relied upon the certificate of insurance when it
explicitly referenced the master policy and when no document
named Riley as an insured at the time of the loss. Furthermore,
Riley failed to submit evidence to the district court regarding
sums expended as a result of his reliance.
AFFIRMED.