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ROYAL INS. CO. v. WHITAKER CONTRACTING CORP.

1000944.

824 So.2d 747 (2002)

ROYAL INSURANCE COMPANY OF AMERICA, as subrogee of R.E. Grills Construction Co., Inc. v. WHITAKER CONTRACTING CORP.

Supreme Court of Alabama.

January 11, 2002.

Attorney(s) appearing for the Case

Richard W. Lewis and Joseph E.B. Stewart of Austill, Lewis & Simms, P.C., Birmingham, for plaintiff.

F. Lane Finch, Jr., and Ryan M. Aday of Haskell, Slaughter, Young & Rediker, L.L.C., Birmingham, for defendant.

STUART, Justice.

The United States Court of Appeals for the Eleventh Circuit has certified the following question to this Court:

"Must an indemnity agreement specifically state that an indemnitor will indemnify the indemnitee for a nondelegable duty to which the indemnitee is subject under state law to require indemnification for the failure to execute such nondelegable duty, which results in the underlying cause of action for which indemnification is sought...

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