Grange Mutual Casualty Co. v. Baisden, No. 18-13555 (11th Cir. 2020)
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This case arose when a truck driver driving a truck owned by FST collided with two vehicles. Grange, the insurer of the truck, filed suit against the driver of one of the impacted vehicles, FST, and T&G, asking the district court to declare its obligations under three insurance policies—two issued to FST and one issued to T&G. At issue was whether there was a change in the truck's legal status, such that FST could have "borrowed" its own truck back from T&G. The district court determined that coverage existed under the T&G policy but not the FST policies.
The Eleventh Circuit affirmed the district court's judgment, holding that defendants failed to introduce evidence showing that a written lease gave exclusive use rights to T&G. Therefore, the district court correctly held that no reasonable factfinder could have found in defendants' favor. Although defendants introduced new evidence purporting to establish that the lease granted T&G exclusive use rights in their motion for reconsideration, the court held that the district court properly denied that motion, because the evidence could have been produced earlier. Finally, the court agreed with the district court that, under the policies and under Georgia law, the events here constituted a single accident.
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