NATIONWIDE MUT. INS. CO. v. KERSHAW MFG.

A90A0763.

198 Ga. App. 153 (1990)

401 S.E.2d 23

NATIONWIDE MUTUAL INSURANCE COMPANY v. KERSHAW MANUFACTURING COMPANY, INC.

Court of Appeals of Georgia.

Rehearing Denied December 20, 1990.


Attorney(s) appearing for the Case

Murray, Temple & Dinges, William D. Strickland, John C. McCaffery, for appellant.

Goldner, Sommers & Scrudder, Glenn S. Bass, C. G. Jester, Jr., for appellee.


COOPER, Judge.

This appeal arises from a suit for reimbursement of a sum paid by appellant to its insured, Sawnee Electric Membership Corporation ("Sawnee"), when a piece of equipment was destroyed by fire. Appellant brought the instant action against appellee, the manufacturer and seller of the equipment, alleging negligence, breach of warranty and strict liability, pursuant to a subrogation provision in its policy with Sawnee which provided as follows: "OUR RIGHT...

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