Schuylkill Products, Inc. v. H. Rupert & Sons, Inc.

WIEAND, Judge:

May a materialman maintain a direct action against a reinsurer who has contracted with the surety on a contractor’s bond to insure any loss which the surety may be called upon to pay? The trial court held that such an action could not be maintained and sustained preliminary objections in the nature of a demurrer to the materialman’s second amended complaint. We affirm.

H. Rupert & Sons, Inc., (Rupert) entered a written contract to perform work for the Bloomsburg Sewer Authority. Schuylkill Products, Inc., the appellant herein, was a materialman who supplied sewer pipe to Rupert.…