Sun Oil Co. v. Employers Casualty Co.

ROBERTSON, Justice.

Sun Oil Company, appellant herein, sued Employers Casualty Company and Employers National Insurance Company, appellees, seeking indemnity for sums expended in settlement of a tort action brought against it for the death of an employee of Charles R. Merrill, d/b/a Merrill Lease Service, an insured of appellees. The insurers moved for summary judgment, contending that no cause of action lay against them until a final judgment had been rendered against their insured. The trial court granted the motion, and Sun Oil appeals. We affirm.

On August 8, 1972, appellant, Sun Oil, and…