Mid-Continent Casualty Co. v. Roger Davis

HIGGINSON, Circuit Judge:

Appellant Mid-Continent Casualty Company (“Mid-Continent”) appeals the district court’s final judgment that Mid-Continent has a duty to indemnify Davis Construction in the underlying wrongful death action brought by the family of decedent Jorge Serrato (“Serrato”). We AFFIRM the district court’s ruling, finding that the district court did not abuse its discretion in determining that Serrato was an independent contractor and not an employee of Davis Construction.

FACTS AND PROCEEDINGS

In June 2007, decedent Serrato fell through a hole on the second floor of a…