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MUNICIPALITY OF ANCHORAGE v. BAUGH CONST.

Nos. S-699, S-831.

722 P.2d 919 (1986)

MUNICIPALITY OF ANCHORAGE and Lexington Insurance Company, Appellants, v. BAUGH CONSTRUCTION & ENGINEERING COMPANY, Appellee. BAUGH CONSTRUCTION & ENGINEERING COMPANY, Appellant, v. MUNICIPALITY OF ANCHORAGE and Lexington Insurance Company, Appellees.

Supreme Court of Alaska.

July 18, 1986.

Attorney(s) appearing for the Case

Wm. Lothian Sells, Jr., of counsel, John W. Coyne, Asst. Municipal Atty., Jerry Wertzbaugher, Municipal Atty., Anchorage, for appellant Municipality of Anchorage.

Craig H. Bennion, Foulds, Felker & McHugh, Seattle, Wash., and Wm. Lothian Sells, Jr., Skellenger, Ginsberg & Bender, Anchorage, for appellant Lexington Ins. Co.

Kenneth R. Atkinson, Atkinson, Conway & Gagnon, Anchorage, for appellee Baugh Const. and Engineering Co.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

RABINOWITZ, Chief Justice.

Introduction.

This case is on appeal from a jury verdict denying liability in a suit for damages by the Municipality of Anchorage ("the municipality") against Baugh Construction & Engineering Company ("Baugh"). The primary issue in this appeal concerns whether the superior court erred in joining the municipality's insurer as a party plaintiff. We conclude that the insurer should not have been joined...

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