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UNION STANDARD INS. CO. v. HOBBS RENTAL CORP.

No. 07-2184.

566 F.3d 950 (2009)

UNION STANDARD INSURANCE COMPANY, a foreign corporation, Plaintiff-Counter-Defendant-Appellant, v. HOBBS RENTAL CORPORATION, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 5, 2009.

Attorney(s) appearing for the Case

Scott P. Hatcher, Miller Stratvert P.A., Santa Fe, NM, for Appellant.

Gregory L. Biehler, Beall & Biehler, Albuquerque, NM, for Appellee.

Before BRISCOE, TYMKOVICH, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Union Standard Insurance Company brought this declaratory judgment action seeking determination that it had no duty to defend or indemnify its insured, Hobbs Rental Corporation (HRC), against a claim pending in New Mexico state court. The claim arose from an accident on HRC's premises involving a vehicle owned and operated by an independent contractor hauling equipment. The question presented here is whether the business automobile policy...

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