Cases

Federal Insurance Co. v. James River Insurance Co.

Court

SD Tx

Publish Date

02/20/2026

In a federal contribution action between two carriers, a court of the Southern District of Texas denied the plaintiff carrier’s motion to dismiss the defendant carrier’s amended counterclaim, holding sufficient facts were pleaded to establish an employer-employee relationship that was at the heart of the counterclaim.

Open Document

commercial general liability policy, contribution action, subrogation action, motion to dismiss counterclaim, FRCP 12(b)(6); FRCP 8(a)(2), plausibility pleading standard, definition of employee, employer-employee relationship, contractual requirement for employer-employee relationship