We cannot believe Newberg intended the insurance for any purpose other than to protect itself from just such a suit as this. Rome cites Daly v. W.E. O'Neil Construction Co. (1971), 133 Ill. App.2d 655, 273 N.E.2d 505, to support its position. In Daly, the trial court had adjudicated that Bethlehem Steel Corporation owed an indemnity to the city of Chicago based upon a theory of active/passive negligence.
In Shell Oil Co. the court held that the indemnitee's insurer, who had paid the indemnitee's liability and who was subrogated to the rights of the indemnitee, may recover from the indemnitor. Similarly, in Daly v. W.E. O'Neil Construction Co. (1971), 133 Ill. App.2d 655, 273 N.E.2d 505, the court held that the indemnitee's insurer and the indemnitor were co-obligors and that since the insurer was subrogated to the rights of the indemnitee, the indemnitor could not recover from the insurer. In Daly, Bethlehem Steel Corporation entered into a construction contract with the City of Chicago, and it agreed to procure two workmen's compensation insurance policies for the protection of itself and the city.
Bituminous contends that the trial court erred in allowing the motion to strike and in entering judgment. Its contention is premised on section 5(b) of the Workmen's Compensation Act, on the subrogation provision of the policy, and on two opinions of this court: Continental Casualty Co. v. Sweda (1969), 113 Ill. App.2d 423, 251 N.E.2d 65, and Daly v. W.E. O'Neil Construction Co. (1971), 133 Ill. App.2d 655, 273 N.E.2d 505. • 1 Section 5(b) of the compensation act (Ill.