Emcasco Insurance v. American International Specialty Lines Insurance

JERRY E. SMITH, Circuit Judge:

EMCASCO Insurance Company (“EM-CASCO”) filed a subrogation suit against American International Specialty Lines Insurance Company (“AISLIC”) to recover under AISLIC’s commercial general liability policy for monies EMCASCO paid in defense and settlement of an underlying suit against the two insurers’ mutual insured. After limited discovery, both parties moved for summary judgment. The district court granted AISLIC’s motion, denied EMCASCO’s, and dismissed the subrogation suit with prejudice. Finding the need for further proceedings, we vacate and remand. • ■

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