Aetna Casualty & Surety Co. v. Fireguard Corp.

The sole issue in this appeal is whether the trial court erred in ruling, as a matter of law, that a plaintiff was not a third-party beneficiary of a contract.

I

Aetna Casualty and Surety Company (Aetna) and Quincy Station Apartments Limited Partnership (Quincy) filed a motion for judgment against The Fireguard Corporation (Fireguard). Aetna, as a subrogee of its insureds, and Quincy, as an owner, alleged that Fireguard had agreed to indemnify Quincy in a certain contract between Fireguard and Cranshaw Construction, Inc. (Cranshaw).

Fireguard filed a “motion to dismiss” the motion for judgment.…