Aetna Casualty & Surety Co. v. United States Fidelity & Guaranty Co.

BROWN, P.J., and MUELLER, J.,

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This matter is before the court on the preliminary objections in the form of a demurrer filed *408by defendant to plaintiffs complaint. The demurrer raises basically two objections: (1) the complaint fails to allege any contract or contractual relationship between plaintiff and defendant on which liability would be based and (2) the complaint fails to assert any facts which would disclose liability on the part of defendant to Calvin E. Seibert, the injured employe to whom or for whose benefit plaintiff allegedly made payments.

On September 24, 1976, plaintiff filed a…