T.H.E. Insurance Co. v. Naghtin

Mansfield Square, Ltd. ("Mansfield"), intervenor in a declaratory action brought by T.H.E. Insurance Company ("T.H.E.") against its insured, seeks to appeal the district courts holding that a certificate of insurance issued by an asserted agent of T.H.E. did not estop T.H.E. from denying coverage to its insured for an incident that may expose Mansfield to substantial personal injury liability. T.H.E. raises the preliminary issue of Mansfields standing to bring this appeal. Based in part on our decision not to set aside the district courts finding that the insurance broker who issued the certificate of insurance to Mansfield did so as an agent of T.H.E., we conclude that Mansfield has standing. We hold that the certificate of insurance, which by its terms created or defined no rights, does not estop T.H.E. from denying coverage. Accordingly, the judgment of the district court in all respects is AFFIRMED.