Continental Casualty Co. v. Auto-Owners Insurance

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This case arose out of a serious injury suffered by a worker who was engaged in the salvage operation of a derailed Burlington Northern Railway train. The worker, an employee of Fitzsimmons Service Company, which the railroad had hired to salvage goods from its derailed cars, sued (among others) Burlington Northern and Huleher Services, Inc., a contractor whose job it was to stabilize the derailed cars so that the salvage operation could proceed. The case was settled and four insurance companies funded the settlement.

One of those insurance companies,…