Moewes v. Farmer's Insurance Group

RAPER, Justice.

Summary judgment was granted by the district judge in favor of the third-party defendant-appellee (Exchange). The defendant, third-party plaintiff-appellant (Moewes) sets out the issue on appeal:

“Under the circumstances of this case, did Appellee (Third-Party Defendant below) owe a duty of care, assumed or contractual to Appellant (Third-Party Plaintiff below) to warn her as to the consequences of the contractor’s failure to pay materi-almen and suppliers or to otherwise protect her from mechanics’ liens?”

Exchange presents as the issue for this court a slightly revised version:

“…