SCHUYLKILL PROD. v. H. RUPERT & SONS, INC.


305 Pa.Super. 36 (1982)

451 A.2d 229

SCHUYLKILL PRODUCTS, INC., Appellant, v. H. RUPERT & SONS, INC., International Fidelity Insurance Company, United Bonding Insurance Company and Emmco.

Superior Court of Pennsylvania.

Filed September 24, 1982.


Attorney(s) appearing for the Case

William D. Hutchinson, Pottsville, for appellant.

John Arnold Crisman, Berwick, for appellees.

Before SPAETH, WIEAND and JOHNSON, JJ.


WIEAND, Judge:

May a materialman maintain a direct action against a reinsurer who has contracted with the surety on a contractor's bond to insure any loss which the surety may be called upon to pay? The trial court held that such an action could not be maintained and sustained preliminary objections in the nature of a demurrer to the materialman's second amended complaint. We affirm.

H. Rupert & Sons, Inc., (Rupert) entered a written contract to perform...

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