United States Fidelity & Guaranty Co. v. Hathaway

MILLER, Justice:

United States Fidelity and Guaranty Company (USF & G) appeals from an order of the Circuit Court of Barbour County, dated September 29, 1986, which granted Vivian M. Hathaway’s motion to dismiss. We find that the trial court committed reversible error when it granted Mrs. Hathaway’s motion to dismiss, and, accordingly, we reverse and remand the case for further proceedings.

I

Orion M. Hathaway and Vivian M. Hathaway are husband and wife. Mr. Hathaway was the sole proprietor of a construction business called Hathaway Construction Company (the Company). As is common in the…