Howard P. Foley Co. v. Employers-Commercial Union

HOWARD, Judge.

The sole question on this appeal is whether Employers was entitled to recover from Foley legal fees which it had paid its own attorneys to defend an action brought against its insured.

The undisputed facts are as follows. Foley and Robert E. McKee, Employers’ insured, were defendants in a wrongful death action. The claim arose out of work performed by Foley, a sub-contractor for McKee, the general contractor. The subcontract -agreement between Foley and McKee provided:

“Sub-Contractor hereby agrees to defend at its own cost and to indemnify and hold harmless the Contractor, its…