Employers Mutual Liability Insurance v. Robert E. McKee General Contractors, Inc.

HOWARD, Judge.

Appellant insured, the Howard P. Foley Company, filed an amended third-party complaint against the appellee and others 1 (the parties hereinafter shall be referred to as Employers, Foley, and McKee). Foley sought to recover $50,000 damages for an alleged breach of contract to procure liability insurance. Employers was substituted for Foley as the real party in interest and prosecuted the action which terminated in the judgment in favor of McKee upon motion for summary judgment.

The record discloses the following undisputed facts. In May 1959, McKee as general contractor entered…