Legal Opinion

Empire Fire & Marine Insurance v. State Farm Mutual Insurance

District Court of Appeal of Florida

Decided March 13, 1979No. Nos. 78-226, 78-227PublishedCited by 3 opinions

1Opinion of the Court

HENDRY, Judge.

Empire Fire and Marine Insurance Company appeals from an amended final judgment in favor of the appellee, Transport Indemnity Company on the issue of primary insurance coverage.

The cause arose out of a tractor-trailer/schoolbus/automobile collision at Hialeah, Florida. At the time of the accident the tractor-trailer was being operated under a written trip lease agreement with Altruk Freight Systems, Inc.; Daniel Calhoun, the owner of the tractor-trailer, had leased it to Altruk for the purpose of transporting freight from Missouri to Florida. Under the lease agreement it was…

2Cases cited4 opinions

  1. Transamerican Freight Lines, Inc. v. Brada Miller Freight Systems, Inc.Supreme Court of the United States · 1975
  2. The Hertz Corporation, Plaintiff-Appellee-Cross v. Ralph M. Parsons Company, Defendant-Appellant-CrossCourt of Appeals for the Fifth Circuit · 1969
  3. Burton v. Diamond Sand and Stone Co.District Court of Appeal of Florida · 1976
  4. Gateway Transportation Co. v. Phillips & Phillips Co.Supreme Court of Iowa · 1978

3Cited by3 opinions

  1. Great West Casualty Co. v. Mallinger Truck Line, Inc.Missouri Court of Appeals · 1982
  2. Central National Insurance Co. of Omaha v. Rockwood Insurance Co.District Court of Appeal of Florida · 1992
  3. Moore v. Transport Indemnity Co.District Court of Appeal of Florida · 1979

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