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FIREMAN'S FUND INS. v. SHERMAN & FLETCHER

705 S.W.2d 459 (1986)

FIREMAN'S FUND INSURANCE COMPANY, Movant, v. SHERMAN & FLETCHER, John Sherman, Raymond Fletcher, and Otto Thillman, Respondents. Karen A. GEORGE, Administratrix of the Estate of David H. George; Active Constructors; Daniel Krusenklaus; Howard R. Clausen; and Patrick L. Devine, Movants, v. SHERMAN & FLETCHER, John Sherman, Raymond Fletcher, and Otto Thillman, Respondents.

Supreme Court of Kentucky.

February 27, 1986.

Attorney(s) appearing for the Case

O. Grant Bruton, Middleton & Reutlinger, Louisville, for movants in No. 84-SC-274-DG.

Thomas C. Hundley, Stites & Harbison, Lexington, for respondents in No. 84-SC-274-DG.

Kenneth H. Baker, James S. Scroghan, Louisville, for movant in No. 84-SC-279-DG.

Thomas C. Hundley, Lexington, for respondents in No. 84-SC-279-DG.

VANCE, Justice.

This case presents questions concerning (1) the right of an injured employee of a subcontractor to recover in tort from an owner who has acted as his own contractor, (2) the right of a subcontractor in a suit against him in tort to implead the contractor on a claim for subrogation or indemnity, and (3) the right of an insurer which has paid compensation to the employee of a subcontractor to indemnify itself against the contractor when the negligence...

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