EMPLOYERS INSURANCE CO. OF ALABAMA, INC. v. WATKINS

7 Div. 705.

198 So.2d 258 (1967)

EMPLOYERS INSURANCE COMPANY OF ALABAMA, INC., v. Monroe B. WATKINS, d/b/a Watkins Construction Company.

Supreme Court of Alabama.

Rehearing Denied May 5, 1967.


Attorney(s) appearing for the Case

Lusk, Swann, Burns & Stivender, Gadsden, for appellant.

Dortch, Allen, Wright & Wright and Roy D. McCord, Gadsden, for appellee.


COLEMAN, Justice.

The insurer appeals from decree for complainant in a suit whereby complainant seeks to recover the insurance money provided for in a contract of insurance. Complainant had recovered judgment against insured in an action at law. See Title 28, § 12, Code 1940, as amended.

Complainant is the prime contractor under contract to build a highway. Insured is a subcontractor who undertook to fill in dirt around a culvert. While filling in the...

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