United States Fifth Circuit

In a dispute between two insurers over coverage for a commercial truck accident, summary judgment for defendant-trucking insurer is reversed where, under the facts of the case, the driver of the truck was acting in the business of the truck's lessee at the time of the accident, and defendant-nontrucking insurer was therefore not the primary insurer.

Appellate Information

• Decided 09/26/2008
• Published 09/26/2008

Judges

• PER CURIAM:, Before REAVLEY, STEWART and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Tobin J. Eason, Weiss & Eason, Mendeville, LA, Kenneth Blake Givens, The Givens Law Firm, Houma, LA, for Redland Ins. Co., Lance Read Rydberg, Peter Rosario Tafaro, Duncan, Courington & Rydberg, New Orleans, LA, for General Sec. Ins. Co.