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EMPIRE FIRE & MARINE INS. v. STATE FARM MUT. INS.

Nos. 78-226, 78-227.

368 So.2d 1329 (1979)

EMPIRE FIRE and MARINE INSURANCE COMPANY, Appellant, v. STATE FARM MUTUAL INSURANCE COMPANY et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 16, 1979.

Attorney(s) appearing for the Case

Rentz, McClellan & Haggard and L. Edward McClellan, Jr., Miami, for appellant.

Bradford, Williams, McKay, Kimbrell, Hamann & Jennings and Michael K. McLemore, Miami, for appellees.

Before HENDRY, BARKDULL and SCHWARTZ, JJ.

HENDRY, Judge.

Empire Fire and Marine Insurance Company appeals from an amended final judgment in favor of the appellee, Transport Indemnity Company on the issue of primary insurance coverage.

The cause arose out of a tractor-trailer/schoolbus/automobile collision at Hialeah, Florida. At the time of the accident the tractor-trailer was being operated under a written trip lease agreement with Altruk Freight Systems, Inc.; Daniel Calhoun, the owner of the tractor...

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