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PLEWE CONSTRUCTION CO. v. FRANKLIN NATIONAL INS. CO.

No. 9315.

11 Utah 2d 403 (1961)

360 P.2d 599

PLEWE CONSTRUCTION COMPANY, A CORPORATION, PLAINTIFF AND APPELLANT, v. FRANKLIN NATIONAL INSURANCE COMPANY, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

March 22, 1961.

Attorney(s) appearing for the Case

Elliott Lee Pratt of Clyde & Mecham, Salt Lake City, for appellant.

Skeen, Worsley, Snow & Christensen, Salt Lake City, for respondent.

CROCKETT, Justice.

Plewe Construction Company sued its insurer, Franklin National Insurance Company, for reimbursement for money it had been required to pay to Cudahy Packing Company in settlement of a suit for negligently causing a fire on Cudahy's premises in connection with doing some construction work. Franklin defended on the ground that the fire was in the part of Cudahy's property in the "care, custody or control of the insured" (Plewe) and thus expressly excluded...

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