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EMPIRE FIRE AND MARINE INS. v. GUARANTY NAT. INS.

No. 87-1116.

868 F.2d 357 (1989)

EMPIRE FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Appellee, v. GUARANTY NATIONAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 10, 1989.

Attorney(s) appearing for the Case

Kevin L. Ward of Best, Sharp, Thomas, Glass & Atkinson, Tulsa, Okl. (Joseph A. Sharp and Renee J. Harter of Best, Sharp, Thomas, Glass & Atkinson, Tulsa, Okl., on the briefs) for defendant-appellant.

Gerald L. Friedrichsen of Fitzgerald & Brown, Omaha, Neb. (Greg Morris of Morris & Morris, Tulsa, Okl., with him on the brief) for plaintiff-appellee.

Before MOORE, BARRETT and EBEL, Circuit Judges.

EBEL, Circuit Judge.

This appeal involves a dispute between Empire Fire & Marine Insurance Company ("Empire") and Guaranty National Insurance Company ("Guaranty") as to which of their policies affords primary coverage relative to the accident here under consideration. The district court granted summary judgment in favor of Empire, holding that the Interstate Commerce Commission ("ICC") endorsement attached to Guaranty's

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