Hegel v. O'Malley Ins. Co., Inc.

GORDON, Justice:

Because of a mistake of fact in count I and a change of decision as to count II, this Court has granted the Motions for Rehearing filed by the parties in the instant case. The opinion of this Court in Hegel v. O’Malley, filed November 14, 1978, is hereby vacated.

On January 8, 1975, O’Malley Insurance Company, Inc., Agents and Brokers (O’Malley) obtained a judgment of $30,003.60 against Elite Construction, Inc. (Elite) for unpaid surety bonds and workmen’s compensation insurance premiums. The execution of judgment, however, was returned unsatisfied.

In an attempt to collect on…