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United States Eleventh Circuit


ROYAL INS. CO. OF AM. v. WHITAKER CONTRACTING CORP., 99-12095

Because under Alabama law a sub-contractor's indemnity agreement with a contractor included the contractor's non-delegable duty to maintain the safety of a roadway during paving, the sub-contractor must reimburse the contractor's insurer for settlement of a suit on the contractor's behalf, for death resulting from obscured visibility during the paving.

Appellate Information

  • Decided 07/02/2002
  • Published 07/02/2002

Judges

  • BIRCH, Circuit Judge:, Before BIRCH, BARKETT and ALARCON , Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Richard W. Lewis, Joseph E.B. Stewart, Maddox, Austill, Parmer & Lewis, P.C., Birmingham, AL, for Plaintiff-Appellant.

  • For Appellees:
  • Fredrick Lane Finch, Jr., Corley, Moncus & Ward, P.C., Birmingham, AL, for Defendant-Appellee.
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