Bayard v. Traders & General Ins. Co.

DAWKINS, Chief Judge.

Plaintiffs’ action is in tort for the death of the husband and father alleged to have been an independent contractor for the welding work on an oil well drilling rig, which defendant’s insured, another independent contractor, was drilling on a lease of the Texas Company.

Defendant, Traders & General Insurance Company (called Traders) moved to dismiss for failure to state a claim for relief and, in the alternative, for a summary judgment in its favor. The motions to dismiss and for summary judgment are based upon substantially the same grounds, as. follows: (1) the policy…