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AUTO-OWNERS INS. CO. v. REDLAND INS. CO.

No. 08-1023.

549 F.3d 1043 (2008)

AUTO-OWNERS INSURANCE COMPANY, Plaintiff-Appellant, v. REDLAND INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 15, 2008.

Attorney(s) appearing for the Case

ARGUED: Allen J. Philbrick, Conlin, McKenney & Philbrick, P.C., Ann Arbor, Michigan, for Appellant. Laurence J. Rabinovich, Schindel, Farman, Lipsius, Gardner & Rabinovich, LLP, New York, New York, for Appellee. ON BRIEF: Allen J. Philbrick, Conlin, McKenney & Philbrick, P.C., Ann Arbor, Michigan, for Appellant. Laurence J. Rabinovich, Schindel, Farman, Lipsius, Gardner & Rabinovich, LLP, New York, New York, David J. Bloss, Bloss & Betz, P .C., Grand Rapids, Michigan, for Appellee.

Before: BATCHELDER, CLAY and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

The question prompted by this insurance dispute is whether a driver of a tractor-trailer rig operates "in the business" of a motor carrier after he completes one delivery and, in anticipation of receiving another delivery order, begins to drive to find a place to sleep for the night—at which point a fatal car accident occurs.

I.

In March 2004, R & T Trucking leased a number of tractor-trailer rigs...

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