ROYAL INS. CO. OF AMERICA v. WHITAKER CONTRACTING

No. 99-12095.

295 F.3d 1381 (2002)

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.

July 2, 2002.


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:

In this appeal, we must decide whether a paving subcontractor/indemnitor, defendant-appellee, Whitaker Contracting Corporation ("Whitaker"), must indemnify the insurer, plaintiff-appellant Royal Insurance Company of America ("Royal"), of the general contractor/indemnitee, R.E. Grills Construction Company, Inc. ("Grills"), which contracted with the State of Alabama for highway work, because of a fatal automobile accident that occurred at the ...

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