Postlewait Constr., Inc. v. Great American Ins. Companies

Facts of Case

Postlewait Construction, Inc. (lessor) appeals a summary judgment dismissing its action against Great American Insurance Companies (insurer) for breach of an agreement to insure. The Court of Appeals held that the lessor was not a beneficiary of the insurance policy in question, and therefore had no standing to sue. We granted discretionary review.

The lessor, Postlewait, is the owner of two cranes (a 30-ton Drott and an 85-ton Lorraine). Lessor leased them to P. K. Contractors (lessee). The lease agreement provided in part:

The Lessee warrants that the following minimum insurance…