Endurance American Specialty Insurance Company v. Liberty Mutual Insurance Company

U.S. Court of Appeals for the Eleventh Circuit

Endurance American Specialty Insurance Company v. Liberty Mutual Insurance Company

Opinion

USCA11 Case: 20-14763 Date Filed: 06/02/2022 Page: 1 of 2

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 20-14763 Non-Argument Calendar ____________________

ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY, a foreign corporation, individually as Subrogee of Comegys Insurance Agency, Inc., Plaintiff-Appellant, versus LIBERTY MUTUAL INSURANCE COMPANY, a foreign corporation, SAFECO INSURANCE COMPANY OF ILLINOIS, SAFECO INSURANCE COMPANY OF USCA11 Case: 20-14763 Date Filed: 06/02/2022 Page: 2 of 2

2 Opinion of the Court 20-14763

AMERICA,

Defendants-Appellees.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 8:17-cv-02832-VMC-CPT ____________________

Before JILL PRYOR, LUCK, and TJOFLAT, Circuit Judges. PER CURIAM: This is an appeal by Endurance, Comegys’ errors and omis- sions insurer, for attorneys’ fees based on a judgment in its favor below against Safeco. Endurance raises arguments on appeal as to why it is entitled to attorneys’ fees based on an indemnification agreement between Safeco and Comegys. Safeco rebuts these ar- guments by pointing out that, among other things, Endurance’s post-judgment motion for fees would be moot if Safeco won on appeal in Case No. 19-14664, the companion case that reviewed the merits of the judgment below regarding an indemnification agree- ment between Safeco and Comegys. And Safeco did win its appeal in Case No. 19-14664. So, Endurance may not seek attorneys’ fees on appeal. AFFIRMED.

Reference

Status
Unpublished