Continental Insurance Co. v. Excel Insurance Co.

OPINION

HARBISON, Justice.

This is an action in which proration of alleged overlapping insurance coverage was sought by appellee Excel Insurance Compa*953ny. The trial court allowed recovery, and this appeal ensued.

The facts of the case were stipulated in the trial court, and no testimony was offered by either party, other than that contained in the stipulation and in the exhibits thereto.

According to the documents in the record, Herndon Motor Lines and/or Crandel B. Herndon operated as a common carrier in interstate commerce. That company held by a permanent, or long-term, lease a certain tractor…