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Fidelity and Guaranty Ins. Underwriters, Inc. v. US

(United States Federal Circuit) – In a suit under the Tucker Act, 28 U.S.C. section 1491(a)(1), seeking reimbursement from the government for legal expenses and settlement costs plaintiff allegedly incurred in its capacity as general liability insurer for a government subcontractor engaged in asbestos removal work, the US Court of Federal Claims decision granting the government’s motion to dismiss the amended complaint for lack of subject matter jurisdiction is affirmed where the court lacked jurisdiction under a theory of equitable subrogation.

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