Maryland Casualty Co. v. Acceptance Indemnity Insurance, No. 10-50283 (5th Cir. 2011)
Annotate this CaseMaryland Casualty Company ("Maryland") sued Acceptance Indemnity Insurance Company ("Acceptance") when Acceptance refused to defend and indemnify its insured in an underlying lawsuit where Maryland and Acceptance had insurance policies with insured. At issue was whether the district court's order denying Acceptance's motion for a new trial was proper where Acceptance alleged issues concerning the jury's conclusions, jury charge, and subrogation. The court held that Midcontinent Insurance Co. v. Liberty Mutual Insurance Co. did not bar Maryland's recovery where Acceptance absolutely refused to defend and indemnify its insured, Maryland's insurance policy created a right of contractual subrogation, and its settlements with the underlying lawsuit preserved its right to seek reimbursement from Acceptance for those indemnification costs. The court also held that the district court did not abuse its discretion in excluding Acceptance's proffered jury instruction and that there was evidence on the record to support the jury's verdict.
This opinion or order relates to an opinion or order originally issued on March 24, 2011.
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