Copeland Sand & Gravel, Inc. v. Insurance Co. of North America

This action at law for unpaid construction materials and supplies was tried to the court, without a jury. The trial court rendered an oral opinion from the bench at the end of the trial, thereafter made a general finding for both defendants, and entered judgment thereon. On the plaintiff’s appeal, the Court of Appeals affirmed as to the defendant Tobin, Crawford & Mikolavich, Inc. (TCM), reversed as to defendant Insurance Company of North America (INA), and ordered that judgment be entered in plaintiff’s favor against defendant INA. INA appealed and we reverse.

The facts

Because the plaintiff…