United States Sixth Circuit
Auto-Owners Ins. Co. v. Redland Ins. Co., 08-1023
In a coverage dispute between insurers arising from a fatal car accident, summary judgment against plaintiff is affirmed where, in the context of this insurance policy and the facts of this case, a driver of a tractor-trailer rig was operating "in the business" of a motor carrier after he completed one delivery and, in anticipation of receiving another delivery order, began to drive to find a place to sleep for the night-at which point a fatal car accident occurred.
Appellate Information
- Decided 12/15/2008
- Published 12/15/2008
Judges
- Before: BATCHELDER, CLAY and SUTTON, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED: Allen J. Philbrick, Conlin, McKenney & Philbrick, P.C., Ann Arbor, Michigan, for Appellant. Laurence J. Rabinovich, Schindel, Farman, Lipsius, Gardner & Rabinovich, LLP, New York, New York, for Appellee. ON BRIEF: Allen J. Philbrick, Conlin, McKenney & Philbrick, P.C., Ann Arbor, Michigan, for Appellant. Laurence J. Rabinovich, Schindel, Farman, Lipsius, Gardner & Rabinovich, LLP, New York, New York, David J. Bloss, Bloss & Betz, P .C., Grand Rapids, Michigan, for Appellee.