Foremost County Mutual Insurance Company v. The Home Indemnity Company

JERRY E. SMITH, Circuit Judge:

Home Indemnity Company (“Home”) appeals from a summary judgment in a declaratory action brought by Foremost County Mutual Insurance Company (“Foremost”). The district court held that Foremost’s insured was also covered by Home’s policy and that as a consequence Foremost was entitled to subrogation against Home for half of the $3,200,000 Foremost paid in settlement of claims related to, or arising under, the liability insurance policy covering Foremost’s insured. We reverse and render.

Facts.

Eli J. Butler and his company, Paradise Investment Corporation, held a…