General Accident Fire & Life Assurance Corp., Ltd., a Foreign Corporation v. Finegan & Burgess, Inc., a Michigan Corporation

EDWARDS, Circuit Judge.

This appeal involves a “hold harmless” indemnity agreement between a general contractor and one of its subcontractors. The general contractor was found liable for negligent injury and paid a $14,000 judgment. In this same suit the jury found no cause for action against the subcontractor. Plaintiff-appellant insurance company, having paid this judgment, now seeks as subrogee of the general contractor to recover against the subcontractor under the indemnity agreement.

At trial at the completion of plaintiff’s proofs, defendant offered no evidence, and plaintiff and…