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Friday, August 17, 2012

Ind. Decisions - 7th Circuit decides one Indiana case today

In Amerisure Insurance v. National Surety (SD Ind., Lawrence), a 10-page opinion, Circuit Judge Wood writes:

This litigation arises out of a dispute over insurance coverage for work-related injuries sustained by the employee of a subcontractor. Indiana Steel Fabricating (ISF) submitted and won a bid to perform the steel fabrication work for a project. ISF then engaged Central Steel Erectors as a subcontractor. In the course of that work, Brian Colip, a Central Steel employee, fell from a roof and injured himself. He filed suit against ISF under a theory of vicarious liability and settled his claims for $2.9 million. Now ISF’s insurers, Amerisure Insurance Company (Amerisure) and National Surety Corporation (National), and Central Steel’s insurer, Scottsdale Insurance Company (Scottsdale), are quarreling over which of them is responsible for bearing the cost of that settlement. The district court ruled that each one was liable for a share: Amerisure for $1 million, Scottsdale for $1 million, and National for $900,000. For the reasons that follow, we affirm.

Posted by Marcia Oddi on August 17, 2012 11:10 AM
Posted to Ind. (7th Cir.) Decisions