FEDERAL INS. CO. v. TRAVELER'S CAS. AND SUR. CO.

No. 01-13734 Non-Argument Calendar.

280 F.3d 1356 (2002)

FEDERAL INSURANCE COMPANY, individually, Pearce Construction Company, Inc., through assignee Federal Insurance Company, Plaintiffs-Appellants, v. TRAVELER'S CASUALTY AND SURETY COMPANY, Traveler's Property Casualty Corp., Aetna Casualty & Surety Company, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 31, 2002.


Attorney(s) appearing for the Case

Robert M. Girardeau, Huie, Fernambucq & Stewart, Birmingham, AL, for Plaintiffs-Appellants.

Joel E. Dillard, Baxley, Dillard, Dauphin & McKnight, Carol A. Smith, Susan Caroline Haygood, Smith & Ely, LLP, Birmingham, AL, for Defendants-Appellees.

Before BLACK, MARCUS and GODBOLD, Circuit Judges.


PER CURIAM:

This case raises two issues. First, whether a primary insurance carrier owes a duty to an excess carrier in its conduct of the defense of a mutual insured. Second, whether an excess insurer can be equitably subrogated to the rights of an insured against the primary carrier in the conduct of its defense of the mutual insured. Because these issues are questions of state law which appear to control the outcome of this appeal and there are no clear controlling...

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