Indiana Insurance v. Carnegie Construction, Inc.

Frederick N. Young, Judge.

Carnegie Construction Company (“Carnegie”) appeals from an order entered on a counterclaim for declaratory judgment it brought against the Indiana Insurance Company (“Indiana”). Indiana initiated this action by bringing subrogated claims against Carnegie alleging negligence and breach of contract in the construction of a school building for the West Liberty-Salem Board of Education (“the Board”). Carnegie responded by seeking a declaration that Indiana could not bring a subrogated claim against it because it was an insured of Indiana, or alternatively, because the…