United States Fifth Circuit

Because UMS Generali Marine has not paid its share of the insured loss, it is not subrogated to the insured's right to assert a claim against A.K. Steel, and the district court erred in awarding any part of the tort judgment against A.K. Steel to UMS.

Appellate Information

• Decided 04/14/2004
• Published 04/14/2004

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, WIENER and STEWART Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Christopher O. Davis (argued), Phelps Dunbar, New Orleans, LA, for UMS Generali Marine Spa., Paul C. Miniclier (argued), David Anthony Binegar, Law Office of Paul C. Miniclier, New Orleans, LA, for AK Steel Corp.


• For Appellees:
  
• Jon D. Picou,Lee Morgan Peacocke (argued), Larzelere, Picou & Wells, Metairie, LA, for Plaintiffs-Appellees-Cross-Appellants.