Sinclair Oil & Gas Company for the Use and Benefit of Zurich Insurance Company v. Lee Brown

ORIE L. PHILLIPS, Circuit Judge.

Sinclair Oil & Gas Company (Sinclair) brought this action against Brown for the use and benefit of Zurich Insurance Company (Zurich), its liability insurance carrier, for indemnity for expenses incurred in defending an action brought against Sinclair by one Black, an em ployee of Brown, for damages for injuries allegedly suffered as the result of Sinclair’s negligence. The case was submitted on an agreed statement of facts and the court entered judgment in favor of Brown, denying Sinclair’s claim. Sinclair has appealed.

The agreed statement of facts and the…