Employers Insurance Co. of Alabama, Inc. v. Watkins

COLEMAN, Justice.

The insurer appeals from decree for complainant in a suit whereby complainant seeks to recover the insurance money provided for in a contract of insurance. Complainant had recovered judgment against insured in an action at law. See Title 28, § 12, Code 1940, as amended.

Complainant is the prime contractor under contract to build a highway. Insured is a subcontractor who undertook to fill in dirt around a culvert. While filling in the dirt, insured’s employee, it is claimed by complainant, negligently damaged the culvert so that the owner, the state, refused to .accept the…