Vesta Insurance Company v. Amoco Production Company

WIENER, Circuit Judge:

In this Texas diversity case, the district court held, in its declaratory judgment from which Plaintiff-Appellant Vesta Insurance Company appeals, that (1) the subrogation clause in the Vesta policy of insurance does not apply to allocation of benefits between Defendant-Appellee Amoco Production Company and its insurers, and (2) Vesta owed Amoco attorneys’ fees for its defense of a personal injury suit by Rudolfo Gonzales for the injuries he sustained in an accident at Amoco’s facility. Disagreeing with the district court’s interpretation of the contractual provisions as…