American Employers' Insurance Co. of Boston v. Brandt Masonry Corp.

The plaintiff, a casualty company, maintains this action as subrogee of Moed Building Corporation, its assured under a liability policy, to recover the amount of a judgment against Moed Building Corporation which the plaintiff has paid as required by the policy. The judgment was recovered for the death of one Gergich resulting from an accident which occurred during the erection of a sixteen-story building by Moed Building Corporation on a plot of land of which it was the owner.

Moed Building Corporation had entered into contracts with various contractors for different portions of the work. The…