Hastings Mutual Insurance Company v. Blinderman Construction Company, Inc.

Estate of injured employee of subcontractor sued the general contractor for negligence, but included no allegations about the acts of subcontractor. The absence of allegations about subcontractor in underlying complaint does not suffice to meet subcontractor's insurer's burden to prove that injury occurred through no fault of subcontractor. Thus, court erred in granting summary judgment in favor of subcontractor's insurer, as that insurer presented no evidence as to subcontractor's conduct. (HYMAN and MASON, concurring.)