Westchester Fire Insurance v. Haspel-Kansas Investment Partnership

CARL E. STEWART, Circuit Judge:

Westchester Fire Insurance Co. (“West-chester”) filed a subrogation action in tort and contract against the Appellees (collectively, “Haspel-Kansas”) seeking to recover one million dollars that Westchester contributed to a settlement for K&B Drug Stores (“K&B”). The settlement was paid to Jermol Stinson (“Stinson”) for injuries he sustained in a shooting incident which occurred in a parking lot of the shopping center where K&B was a tenant and which Haspel-Kansas owns. On appeal, West-chester argues that the district court erred by failing to properly apply…