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143522P.pdf 12/07/2015 Great West Casualty Company v. National Casualty Company
U.S. Court of Appeals Case No: 14-3522
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Loken, Author, with Melloy and Gruender, Circuit Judges]
Civil case - Insurance. On the undisputed facts, a tractor was connected
to a covered powered unit for the purposes of the provisions of National's
policy; the driver-owner was therefore an insured to whom the liability
coverage provided by National's policy applied; the "employer's liability"
and "fellow employee" exclusions in National's policy did not preclude
coverage; under the lease agreement the driver-owner had with the insured,
the tractor-trailer was being used in the insured's business at the time
of the incident and the policy Great West issued the driver-owner did not
apply.