INDUSTRIAL RISK v. GARLOCK EQUIPMENT

89-1079, 89-1115.

576 So.2d 652 (1991)

INDUSTRIAL RISK INSURERS, an unincorporated association v. GARLOCK EQUIPMENT COMPANY and Seyforth Roofing Company. GARLOCK EQUIPMENT COMPANY v. INDUSTRIAL RISK INSURERS, an unincorporated association.

Supreme Court of Alabama.

February 8, 1991.


Attorney(s) appearing for the Case

Mark E. Spear and Thomas H. Nolan, Jr. of Brown, Hudgens, Richardson, Mobile, for appellant/cross-appellee.

Jean Seaburg and James E. Olds, Minneapolis, Minn., and William H. Mills of Redden, Mills & Clark, Birmingham, for appellee/cross-appellant Garlock Equip. Co.

Frank E. Lankford, Jr. of Huie, Fernambucq & Stewart, Birmingham, for appellee Seyforth Roofing Co.


MADDOX, Justice.

The primary issue presented by these appeals is whether an insurer who has paid to its insured, the owner, proceeds for damages incurred as a result of a fire that occurred during the construction of a shopping mall, is subrogated to the rights of the owner, and, if so, whether the insurer can sue a subcontractor that was allegedly negligent on the job and whose negligence, it argues, caused the fire.

The trial court determined, as a matter...

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