Atlantic Insurance Company v. Bill H. Massey and Phyllis M. Massey and Fireman's Fund Insurance Company

HILL, Circuit Judge.

The appeal is from an order granting a summary judgment in favor of appellees, plaintiffs in the trial court, against appellant-defendant.

Appellees Masseys, in 1964, entered into a contract with John Weible and Ira Crews, d/b/a Cimarron Company, whereby Weible and Crews were to construct a home for the Masseys. The contract price was $26,000.00. Weible and Crews had a builder’s risk insurance policy issued by appellee Fireman’s Fund Insurance Company which insured the Massey home while it was under construction. The builder’s risk policy provided that “where any other…