Royal Insurance Company of America, A.K.A. R.E. Grills Construction Co., Inc. v. Whitaker Contracting Corp.

BIRCH, Circuit Judge:

In this appeal, we must decide whether a paving subcontractor/indemnitor, defendant-appellee, Whitaker Contracting Corporation (“Whitaker”), must indemnify the insurer, plaintiff-appellant Royal Insurance Company of America (“Royal”), of the general contractor/indemnitee, R.E. Grills Construction Company, Inc. (“Grills”), which contracted with the State of Alabama for highway work, because of a fatal automobile accident that occurred at the work site resulting from allegedly obstructive barricades. 1 As liability insurer, Royal paid $400,000, which settled the claims…