Aetna Casualty & Surety Co. v. Summar

OPINION

COOPER, Chief Justice.

We granted certiorari in this case to review the holding of the Court of Appeals that Aetna Casualty and Surety Company was primarily liable for payment of the full damage caused by fire to two apartment buildings owned by respondent, J. Marshall Summar, Jr., and that Pinson and Phillips Insurance Agency, Inc., who placed the fire insurance coverage, was secondarily liable for payment of the fire loss.

In 1971 Mr. Summar purchased a multi-peril insurance policy from the General Insurance Corporation of America (SAFECO), covering the Sterling Court Apartments in the…