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CITIZENS INSURANCE COMPANY OF AMERICA v. PROCTOR & SCHWARTZ, INC.

No. 93-1007.

15 F.3d 558 (1994)

CITIZENS INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. PROCTOR & SCHWARTZ, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 31, 1994.

Attorney(s) appearing for the Case

Jeffrey R. Learned (argued and briefed), Denenberg, Tuffley, Bocan, Jamieson, Black, Hopkins & Ewald, Southfield, MI, Michelle F. Kitch, Denenberg, Tuffley, Bocan, Jamieson, Black, Hopkins & Ewald, Grand Rapids, MI, for plaintiff-appellant.

Lawrence P. Mulligan (argued and briefed), Lance R. Mather, Thomas P. Weibel, Smith, Haughey, Rice & Roegge, Grand Rapids, MI, for defendant-appellee.

Before: KEITH and NORRIS, Circuit Judges; and ENGEL, Senior Circuit Judge.

PER CURIAM.

This appeal arises out of a lawsuit filed by a subrogated insurance company against the manufacturer of a peanut roaster, and is the result of damage sustained when it caught fire. The fire caused substantial damage to the roaster, as well as to other property owned by plaintiff's insured, the purchaser of the roaster, and resulted in the payment of insurance benefits of $754,918.47.

The theories of recovery relied upon by plaintiff were discussed...

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