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AUTO-OWNERS INS. CO. v. REDLAND INS. CO.

No. 1:06-CV-352.

522 F.Supp.2d 891 (2007)

AUTO-OWNERS INSURANCE COMPANY, Plaintiff, v. REDLAND INSURANCE COMPANY, Defendant.

United States District Court, W.D. Michigan, Southern Division.

November 15, 2007.

Attorney(s) appearing for the Case

David Bloss, Betz & Bloss, PC, Grand Rapids, MI, Laurence Jay Rabinovich, Schindel Farman Lipsius Gardner & Rabinovich LLP, New York City, for Defendant.

Allen J. Philbrick, Conlin McKenney & Philbrick PC, Ann Arbor, MI, for Plaintiff.

OPINION

ROBERT J. JONKER, District Judge.

INTRODUCTION

On June 23, 2004, David Gale fell asleep while driving an empty flatbed tractor-trailer. Gale's truck collided with a parked car driven by Emily Van Dyke, who was killed in the accident. The truck was owned by R & T Trucking of Waynesfield, Inc. (R & T) and leased under an exclusive lease to Everhart Trucking, LLC (Everhart). Auto-Owners Insurance Company (Auto-Owners) insures...

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