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EMPIRE FIRE & MARINE v. INSURANCE CO.

Case Nos. 93-2183, 93-1315.

638 So.2d 102 (1994)

EMPIRE FIRE & MARINE INSURANCE COMPANY, Appellant/Cross-Appellee, v. The INSURANCE COMPANY OF The STATE OF PENNSYLVANIA, and East Coast Intermodal Systems, Inc., a/k/a E.C.I.S., INC., Appellees/Cross-Appellants, and Luis Carbonell and Robert L. LeCount, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 12, 1994.

Attorney(s) appearing for the Case

Rhea P. Grossman, Miami, for appellant/cross-appellee.

Marlow, Connell, Valerius, Abrams, Lowe & Adler and James Hughes Villacorta and William G. Liston, Miami, for appellees/cross-appellants.

Sperry, Shapiro & Kashi and Joseph S. Kashi, Ft. Lauderdale, for appellee Carbonell.

Before NESBITT, COPE and GERSTEN, JJ.

COPE, Judge.

Empire Fire & Marine Insurance Co. appeals final judgments in a declaratory judgment action to determine the priority of insurance coverage. We affirm in part and reverse in part.

Appellee Luis Carbonell is the owner of a truck-tractor. The owner entered into a lease with appellee East Coast Intermodal Systems, Inc., a carrier operating under an Interstate Commerce Commission permit ("the I.C.C. carrier"). The lease was what is referred to...

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