Capitol Environmental Services v. North River Insurance Company

Affirmed by unpublished opinion. Judge GREGORY wrote the opinion, in which Judge NIEMEYER joined.

Unpublished opinions are not binding precedent in this circuit.

GREGORY, Circuit Judge:

Capitol Environmental Services, Inc. (“Capitol”) argues that the district court erred in granting summary judgment in favor of The North River Insurance Company (“North River”) because the settlement agreement between Capitol and Earth Tech, Inc. (“Earth Tech”) included the contractual indemnity claim dismissed as moot by the Florida state courts. We disagree. We hold that because Capitol could never be held…