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Dona S. Johnson died in a traffic accident after a tractor-trailer owned by B&T Bulk crossed a median and struck her car. Johnson’s estate filed a wrongful-death action against B&T and its driver. B&T requested a defense and indemnification from its liability insurer, Progressive Southeastern Insurance Company. Progressive then filed an action seeking a declaration (1) Progressive did not have a duty to defend or indemnify B&T or its driver because the tractor-trailer was not an insured auto under B&T’s policy and (2) the MCS-90 endorsement included in B&T’s policy did not apply because the tractor-trailer was on an intrastate trip at the time of the accident. Following the parties’ filing of competing summary-judgment motions, the trial court agreed with Progressive on the first ground; however, it found the MCS-90 endorsement applied. Progressive now appeals.
The scheduled panel members are Judges Vaidik, Brown, and Pyle.