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

BIRCH, Circuit Judge:

This appeal presents the issue of whether an indemnitor must indemnify the in-demnitee when the underlying cause of action involves a nondelegable duty under state law to which the indemnitee is subject. Specifically, this case concerns whether a paving subcontractor should have indemnified the insurer of the general contractor -with the state for highway construction work when a motorist died because of obstructive barricades at the work site. The district judge granted summary judgment to the subcontractor. Because we do not consider present Alabama law to have resolved…