MFA Mutual Insurance Co. v. Farmers & Merchants Insurance Co.

WOLFE, Presiding Judge.

This is an action wherein MFA Mutual Insurance Company seeks a judgment for one-half of a $15,000 claim that it paid to its insured on a “builder’s risk” policy. Its insured was a building contractor. The policy was issued for a term of one year. The building covered by it was destroyed by fire shortly before it was completed. The owner of the land for whom the building was being built had purchased a “home owner’s policy” for a three year term from Farmers & Merchants Insurance Company, the defendant. The trial court held that both insurers were equally liable for the…