McLean Trucking Co. v. Occidental Fire & Casualty Co.

WELLS, Judge.

The sole issue in this appeal is whether, as a matter of law, defendant Wright was using his tractor trailer “in the business of any person or organization to whom the automobile is rented” when he collided with another vehicle after leaving plaintiff s terminal in Laurinburg, North Carolina en route to his home in Broadnax, Virginia. If defendant Wright was “in the business of’ plaintiff, defendant Occidental’s automobile liability insurance policy excluded coverage; if he was not “in the business of’ plaintiff, defendant Occidental’s insurance policy afforded coverage.…