Bp Chemicals, Inc., Plaintiff-Appellant/cross-Appellee v. First State Insurance Company, Defendant-Appellee/cross-Appellant

OPINION

RALPH B. GUY, JR., Circuit Judge.

Plaintiff, BP Chemicals, Inc., appeals from the entry of judgment in favor of defendant, First State Insurance Company, in this breach of contract action for indemnification under an excess liability insurance policy purchased by its contractor, Bath Electrical Systems, Inc. BP sought to recover more than $2,000,000 it paid in settlement of an underlying negligence action seeking damages for the electrocution death of a Bath employee performing work at a BP plant.

BP argues that the district court properly found it was an insured under First State’s…