United States Fifth Circuit

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Amerisure Ins. Co. v. Navigators Ins. Co., 09-20060

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