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FEDERAL INS. CO. v. NEW COAL CO., INC.

No. 2:05 CV 00004.

415 F.Supp.2d 647 (2006)

FEDERAL INSURANCE COMPANY, Plaintiff, v. The NEW COAL COMPANY, INC., et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

February 16, 2006.

Attorney(s) appearing for the Case

Jeffrey R. Schmieler and William E. Hutchings, Jr., Saunders & Schmieler, P.C., Silver Spring, MD, for Plaintiff.

Curtis G. Power, III, and Amanda Mc-Donald Wiseley, Bowles Rice McDavid Graff & Love, LLP, Winchester, VA, and Spencer D. Noe, Bowles Rice McDavid Graff & Love, LLP, Lexington, KY, for Defendants.

OPINION

JONES, Chief Judge.

In this declaratory judgment action applying Virginia insurance law, the issue is the proper interpretation of an automobile exclusion endorsement to a commercial liability insurance policy. Construing the plain language of the exclusion, I find that there is no liability coverage for a lawsuit claiming that the insureds negligently overloaded a non-owned coal truck, which negligence allegedly contributed to cause a motor vehicle...

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