ROYAL INS. CO. v. WHITAKER CONTRACTING CORP.

No. 99-12095.

242 F.3d 1035 (2001)

ROYAL INSURANCE COMPANY OF AMERICA, a.k.a. R.E. Grills Construction Co., Inc., Plaintiff-Appellant, v. WHITAKER CONTRACTING CORP., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

DECIDED February 23, 2001.


Attorney(s) appearing for the Case

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

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

Before BIRCH, BARKETT and ALARCON, Circuit Judges.


BIRCH, Circuit Judge:

This appeal presents the issue of whether an indemnitor must indemnify the indemnitee when the underlying cause of action involves a nondelegable duty under state law to which the indemnitee is subject. Specifically, this case concerns whether a paving subcontractor should have indemnified the insurer of the general contractor with the state for highway construction work when a motorist died because...

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