Whittenberg Engineering & Construction Co. v. Liberty Mutual Insurance Co.

SCOTT REED, Special Commissioner.

This is an action for indemnity. The appellee, Liberty Mutual Insurance Company, was the workmen’s compensation insurer of a subcontractor. Two employees of the subcontractor were injured on equipment owned by the general contractor who’ was the appellant, Whittenberg Engineering and Construction Company, and furnished by it to the subcontractor. Liberty claimed it was entitled to indemnity from Whitten-berg in the amount of workmen’s compensation benefits paid by it to the injured employees because it was Whittenberg’s negligence that caused it to be liable…