Robert E. McKee General Contractor, Inc., a Corporation v. Insurance Co. Of North America, a Corporation

LEWIS, Circuit Judge.

This action was initiated by appellee in the District Court for the District of New Mexico to assert a claim for damages against appellant founded upon contractual subrogation rights. The appel-lee insurance company had paid to its insured, one David Cooper, a retail merchant, $16,479.43 upon a claim for damage occasioned to merchandise through the collapse of the building occupied by the insured. Liability for the loss suffered by Cooper was admitted by appellant, a contractor engaged in demolishing an adjoining building. The single question presented to the trial court…