This section contains the nature of the case and procedural background.

Gilmer owned a home that was damaged by fire and employed Fowler (P) to repair the fire damage in November 1976. The residence was insured by North America, which paid Gilmer $28,505.60 under the homeowner’s policy. On December 22, 1976, Gilmer reinsured the property and on January 5, 1977, a second fire of 'unknown origin' completely destroyed the home. P was 95% complete with his work at that time. Gilmore received $34,222.04 from his insurance company. Fowler and his insurance company, Home Insurance Company, brought this action to recover the reasonable value of the services supplied under the contract. The trial court granted Gilmer a summary judgment as both parties were covered by insurance and there was no obligation of the owner to pay the builder when the work he had completed is destroyed by fire prior to full completion of the job as specified in the contract. This appeal ensued.

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