Fidelity & Casualty Co. of New York v. Ohio Casualty Insurance Co.

DAVISON, Vice Chief Justice.

Fidelity & Casualty Company (Fidelity), plaintiff below, appeals from a judgment denying it any recovery against Ohio Casualty Insurance Company (Ohio), defendant below, for attorney fees and expenses paid by Fidelity in defending a lawsuit filed by one J. R. Clark against Allen & Wilson Construction Company and two of its employees.

The present action arose out of the following stipulated facts: Fidelity was the insurer of Allen & Wilson, who was the prime contractor to build a courthouse at Holdenville, Oklahoma. Ohio was the insurer of National Redi-Mix Concrete…