Continental Insurance Ex Rel. Aetna Life Insurance v. Dawson

PER CURIAM: *

Continental Insurance Company (“Continental”), acting as an assignee, filed a lawsuit in federal district court to enforce its subrogation and reimbursement rights against David Dawson. The district court granted summary judgment in favor of Dawson, holding that a prior agreement between Dawson and Continental precluded Continental’s recovery. Because we conclude that the district court misconstrued the parties’ agreement, we REVERSE and REMAND.

I.FACTUAL AND PROCEDURAL BACKGROUND

On November 16, 2007, David Dawson was severely injured in the course of his employment with Hill…