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ROYAL INS. CO. OF AMERICA v. CALIBER ONE INDEM. CO.

No. 04-20895.

465 F.3d 614 (2006)

ROYAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. CALIBER ONE INDEMNITY CO.; Hartford Underwriters Insurance Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 25, 2006.

Attorney(s) appearing for the Case

Marcy Lynn Rothman (argued) and S. Shawn Stephens (argued), Julieann Nayar Searle, Baker & Hostetler, Houston, TX, for Plaintiff-Appellant.

Kevin D. Jewell (argued), Chamberlain, Hrdlicka, White, Williams & Martin, Houston, TX, for Caliber One Indem. Co.

Bruce Clifford Gaible Susan C. Stevenson (argued), Hays, McConn, Rice & Pickering, Houston, TX, for Hartford Underwriters Ins. Co.

Before JONES, Chief Judge, and DeMOSS and OWEN, Circuit Judges.

OWEN, Circuit Judge:

An excess carrier sued two primary insurance carriers to recover $1,000,000 the excess carrier paid on behalf of the parties' common insured to settle wrongful death and survival claims arising out of the care of a nursing home resident. We hold that (1) the excess carrier was entitled to pursue a cause of action based on equitable subrogation, (2) there was an occurrence within each of the primary policies' definition

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