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MAGANN EQUIPMENT, INC. v. BUFFKIN

Record No. 880779.

385 S.E.2d 619 (1989)

MAGANN EQUIPMENT, INCORPORATED, et al. v. Donnie Russell BUFFKIN, d/b/a, etc., et al.

Supreme Court of Virginia.

November 10, 1989.

Attorney(s) appearing for the Case

John M. Oakey, Jr. (Barbara Ann Williams; McGuire, Woods, Battle & Boothe, Richmond, on briefs), for appellants.

H. Aubrey Ford, III (Browder, Russell, Morris & Butcher, Richmond, on brief), for appellees Donnie Russell Buffkin, d/b/a D & R Trucking Co. and St. Paul Fire and Marine Ins. Co.

S. Vernon Priddy, III (M. Pierce Rucker; Sands, Anderson, Marks & Miller, Richmond, on brief), for appellee Hartford Fire Ins. Co.

No brief or argument for appellee J. Edward Dunivan, Adm'r of the Estate of Stephen Harlow, Jr.

Present: CARRICO, C.J., and COMPTON, STEPHENSON, RUSSELL, THOMAS, WHITING and LACY, JJ.

LACY, Justice.

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...

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