Endurance American Specialty Insurance Company v. Liberty Mutual Insurance Company, et al.

[DO NOT PUBLISH]
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
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: 1 of 2

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2 Opinion of the Court 20-14763
AMERICA,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:17-cv-02832-VMC-CPT
____________________
Before J ILL PRYOR , L UCK , 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.
USCA11 Case: 20-14763 Date Filed: 06/02/2022 Page: 2 of 2

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