Erie Insurance v. Kaschalk Building

COFFROTH, P.J.,

This is an action in trespass by plaintiff insurer against de*654fendant contractor who furnished work and materials in the construction of a dwelling house for plaintiffs insured, which proved defective and for which plaintiff partially indemnified the insured, alleging negligence by defendant in the construction, to recover the amount so paid. Two issues are presented as follows:(1) Must the action be dismissed for nonjoinder of the insured as an indispensable party plaintiff in light of the fact that plaintiff insurer is a partial subrogee only?(2) If not, is plaintiff entitled…