Western Alliance Insurance v. Northern Insurance

GARWOOD, Circuit Judge:

Plaintiff-appellee Western Alliance Insurance Company (Western) brought this equitable subrogation action against defendant-appellant Northern Insurance Company (Northern) seeking reimbursement of proceeds Western paid to its insured on a liability policy it asserts was excess to Northern’s policy obligations. The district court granted Western’s motion for summary judgment, and Northern appeals. We vacate and remand for the limited purpose of clarifying an evidentiary defect, and for further proceedings consistent herewith.

Facts and Proceedings Below

On October 7, 1991,…