Magann Equipment, Inc. v. Buffkin

In this case we determine whether the insurance policy carried by an Interstate Commerce Commission (ICC) certificated motor carrier provides primary or excess coverage for injuries resulting from the negligent operation of a motor vehicle under lease to the carrier.

Donald Russell Buffkin owned a tractor trailer which he operated under a lease with a certificated interstate motor carrier, Magann Equipment, Incorporated (Magann). On October 20, 1983, Buffkin delivered freight for Magann from Georgetown, South Carolina to Fredericksburg. Buffkin then contacted Magann’s dispatcher and was told…