ENDURANCE AMERICAN SPECIALTY v. LIBERTY MUT. INS.

No. 19-14664.

34 F.4th 978 (2022)

ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, a foreign corporation, individually as Subrogee of Comegys Insurance Agency, Inc., Plaintiff-Appellee, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant, Safeco Insurance Company of Illinois, Safeco Insurance Company of America, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Filed: May 16, 2022.


Attorney(s) appearing for the Case

Annette Tucker , James Miller Kaplan , Kaplan Zeena, LLP, Miami, FL, for Plaintiff-Appellee.

Jeffrey Scott Lapin , Jonathan R. Rosenn , Alejandra Arroyave Lopez , Lapin & Leichtling, LLP, Coral Gables, FL, Benjamin B. Carter , Kubicki Draper, Miami, FL, for Defendants-Appellants.

Before Jordan, Newsom, and Tjoflat, Circuit Judges.


We are faced with the question of how far the indemnification provision in this case stretches. And our answer is, not as far as Endurance, the errors and omissions insurer for Comegys, would like. Comegys, an independent insurance agency, had an independent contractor relationship with Safeco, a liability insurer—...

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