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NATIONAL AMERICAN INS. CO. v. W & G, INC.

No. 05-3037.

439 F.3d 943 (2006)

NATIONAL AMERICAN INSURANCE COMPANY, an Oklahoma corporation, Appellee, v. W & G, INC., a Nebraska corporation, Defendant, Republic Western Insurance Company, an Arizona corporation; Colberg Harvesting, Inc., a Kansas corporation; Colberg Transportation, Inc., a Kansas corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: March 10, 2006.

Attorney(s) appearing for the Case

Douglas W. Krenzer, Omaha, NE (Richard C. Foster and Benny C. Priest, Marietta, GA, on the brief), for appellant.

William M. Lamson, Jr. and Michele E. Young of Omaha, NE (R. Patrick Gilmore of Chandler, OK appeared on the brief), for appellee.

Before RILEY, MELLOY, and BENTON, Circuit Judges.

RILEY, Circuit Judge.

This appeal involves a dispute between two insurance companies over the amount each must pay in the joint settlement of a personal injury action. National American Insurance Company (National American) contends it is an excess insurer and entitled to equitable subrogation from Republic Western Insurance Company (Republic Western) for attorney fees, costs, and amounts contributed to the settlement of the underlying personal injury action. The...

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