STATE FARM MUT. AUTO. INC. CO. v. NORCOLD, INC.

No. 15-6410.

849 F.3d 328 (2017)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. NORCOLD, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 22, 2017.


Attorney(s) appearing for the Case

ARGUED: David T. Schaefer , DINSMORE & SHOHL LLP, Louisville, Kentucky, for Appellant. Kenneth D. Dunn , BARNETT, PORTER & DUNN, Louisville, Kentucky, for Appellee. ON BRIEF: David T. Schaefer , Ryan A. Morrison , DINSMORE & SHOHL LLP, Louisville, Kentucky, for Appellant. Kenneth D. Dunn , BARNETT, PORTER & DUNN, Louisville, Kentucky, for Appellee.

STRANCH, J., delivered the opinion of the court in which GIBBONS, J., joined. GILMAN, J. (pp. 335-38), delivered a separate dissenting opinion.


OPINION

This diversity case involves claims that straddle the line between tort and contract and requires determination of the scope of Kentucky's economic loss rule. The damages at issue were incurred when an RV refrigerator manufactured by Norcold overheated and...

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