Shambley v. Jobe-Blackley Plumbing and Heating Co.

The plaintiffs’ assignments of error present these questions: (1) Did the court commit error by dismissing the plaintiffs’ action? (2) Did the court commit error by refusing to permit United States Fidelity and Guaranty Company to make itself an additional party plaintiff, adopt the plaintiffs’ complaint, and proceed with the trial?

The plaintiffs’ counsel concede their insurer, the United States Fidelity and Guaranty Company, has paid in full the entire loss which the plaintiffs sustained as a result of the exploding water heater. “When the insurance paid the insured covers the loss in full,…