Donahue Construction Co. v. Transport Indemnity Co.

Plaintiffs Donahue Construction Company (hereinafter referred to as “Donahue”) and United States Fire Insurance Company (hereinafter referred to as “U.S. Fire”) appeal from a judgment in a declaratory relief action brought by them to determine the extent of liability and indemnification available under certain policies issued by defendant Transport Indemnity Company (hereinafter referred to as “Transport”) which policies insured a truck owned by West Transportation Company (hereinafter referred to as “West”). This action followed a judgment against Donahue in a personal injury action arising out of an accidental injury to one George Reese during the unloading of West’s truck by a crane owned by Donahue. Having satisfied the judgment for $25,524, in the instant action Donahue sought indemnification against Transport under its policy issued to West for said sum of $25,524 together with the sum of $4,146.37, for attorneys’ fees and costs incurred in the action brought by Reese against Donahue. Following submission of the cause on an agreed statement of facts, the trial court determined that the policy of insurance issued to Donahue by U.S. Fire was the sole primary insurance…