Friestad v. Travelers Indemnity Co.

Opinion by

Mr. Chief Justice Jones,

Chauncey and Anne Thompson purchased a heating system from Sears, Roebuck and Company (“Sears”) in August 1957. Sears contracted with the Superior Heating Company (“Superior”) to install the system. After installation, a fire destroyed the Thompson home.

The Thompsons sued Sears and recovered $20,000. Sears paid the judgment and proceeded against Superi- or for the amount of the judgment plus costs and legal fees associated with its defense of the Thompson claim. Superior is insured by the Travelers Indemnity Company (“Travelers”). Pursuant to its policy,…