HOWARD P. FOLEY CO. v. EMPLOYERS-COMMERCIAL UNION

No. 2 CA-CIV 951.

15 Ariz. App. 350 (1971)

488 P.2d 987

The HOWARD P. FOLEY COMPANY, Appellant, v. EMPLOYERS-COMMERCIAL UNION, a corporation, formerly the Employers Fire Insurance Company, a corporation, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 14, 1971.

Review Denied November 4, 1971.


Attorney(s) appearing for the Case

Browder, Gillenwater & Daughton by Robert W. Browder, Phoenix, for appellant.

Mesch, Marquez & Rothschild by Tom R. Clark, Tucson, for appellee.


HOWARD, Judge.

The sole question on this appeal is whether Employers was entitled to recover from Foley legal fees which it had paid its own attorneys to defend an action brought against its insured.

The undisputed facts are as follows. Foley and Robert E. McKee, Employers' insured, were defendants in a wrongful death action. The claim arose out of work performed by Foley, a sub-contractor for McKee, the general contractor. The subcontract agreement between...

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