Renee Martinez v. Empire Fire and Marine Insurance Company.

Summary

Justice Eveleigh dissented from the majority’s affirmance of the judgment denying liability coverage under the MCS-90 endorsement. She would reject a trip-specific approach and construe the endorsement and federal regulations to provide coverage when an interstate motor carrier’s employee causes an accident during an intrastate trip undertaken in the course of the carrier’s business. Justice Eveleigh would have reversed because Tony’s Transport was engaged in interstate transportation, its vehicle was subject to federal financial-responsibility requirements, and the employee was acting within the scope of employment.