PPG Indus., Inc. v. Cont'l Heller Corp
In PPG Indus., Inc. v. Cont'l Heller Corp., 124 Ariz. 216, 222, 603 P.2d 108, 114 (App. 1979), Bassett filed a negligence suit against Heller, the general contractor on the worksite where Bassett was injured.
Heller sued PPG, Bassett's employer and a subcontractor on the job, for breach of an agreement to obtain liability insurance that included Heller as an insured.
Summary judgment was granted against PPG. Bassett and Heller then signed a settlement agreement, and a stipulated judgment of $ 70,000 was entered against Heller.
The judgment against PPG was thereafter modified to reflect that amount.
The Court concluded that, because "PPG contracted to provide primary insurance for ... Heller," it was obligated to "pay the $ 70,000 that was initially paid," "the amount actually paid by the insurer." Id. at 222, 603 P.2d at 114.