United States Fifth Circuit

In an action by a primary insurer seeking reimbursement from an excess insurer through equitable and contractual subrogation, summary judgment for defendant is vacated where: 1) contractual subrogation placed plaintiff in the shoes of its insureds involved in the accident at issue; 2) the employer-indemnification exception barred coverage for one of the insureds; and 3) the district court needed to determine whether an individual insured was an independent contractor or an employee.

Appellate Information

• Decided 07/14/2010
• Published 07/14/2010

Judges

• Jennifer Walker Elrod

Court

• United States Fifth Circuit

Counsel