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EMPIRE FIRE AND MARINE INS. COMPANY v. BRANTLEY TRUCKING, INC.

No. 99-20597.

220 F.3d 679 (2000)

EMPIRE FIRE AND MARINE INSURANCE COMPANY, Plaintiff-Appellant, v. BRANTLEY TRUCKING, INC., et al., Defendants, and Blue Flash Express Inc., Robert Lewis Harris, Jr., Reliance National Indemnity Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 15, 2000.

Attorney(s) appearing for the Case

George T. Jackson (argued), Nicholas J. Lanza, Burck, Lapidus & Lanza, Houston, TX, for Plaintiff-Appellant.

Francis Isadore Spagnoletti, James Thomas Liston, John Patrick Abbey, Spagnoletti & Associates, Houston, TX, for Blue Flash Express Inc. and Reliance Nat. Indem. Co.

Daniel D. Gartner, Fitzgerald, Gartner & Follis, Houston, TX, for Harris and Brantley Trucking Inc.

Jerry C. Von Sternberg (argued), Eastham, Watson, Dale & Forney, Houston, TX, for Reliance Nat. Indem. Co.

Before EMILIO M. GARZA, DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

This is an appeal from a declaratory judgment action seeking to determine the respective rights and obligations between two insurance companies: Plaintiff Empire Fire & Marine Insurance Company ("Empire"), and Defendant Reliance National Indemnity Company ("Reliance"). The case stems from a vehicle collision involving a jeep and a trailer-tractor rig riding "bobtail"—trucking parlance for driving the tractor without an attached...

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