[DOWNLOAD] "Cleveland-Cliffs Iron Company v. First" by Court of Appeals of Michigan * Book PDF Kindle ePub Free
eBook details
- Title: Cleveland-Cliffs Iron Company v. First
- Author : Court of Appeals of Michigan
- Release Date : January 21, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff, Cleveland-Cliffs Iron Company (Cleveland-Cliffs), filed suit against defendant First State Insurance Company (First State) on January 25, 1977, in the Marquette County Circuit Court, seeking to collect monies claimed to be due it pursuant to an all risks property insurance policy issued by First State. Cleveland-Cliffs averred that on July 1, 1975, cracking occurred in the flow duct of its Empire III pellet plant, causing a ""burn out"" resulting in the plant's closing. It further averred that the accident required $33,000 in repairs and resulted in $934,182 in lost business. Both risks were covered by the insurance policy. First State answered on April 18, 1977, and pled as an affirmative defense that the loss was ""directly or indirectly caused by fault, defect, error or omission in design, plan or specification"", which the contract excluded from coverage. On May 16, 1977, First State moved to implead third-party defendants Allis-Chalmers Corporation (Allis-Chalmers) and George P. Reintjes Company, Inc. (Reintjes). This motion was granted by leave of the court on June 13, 1977. The third-party complaints averred negligence on the parts of Allis-Chalmers and Reintjes in the design and construction of the errant refractory lining of Cleveland-Cliff's flow duct system. First State contended that, in the event it was held liable to Cleveland-Cliffs in the main action, it had a right of ""indemnification"" from the third-party defendants . In fact, as the trial court recognized, if First State had any rights against the third-party defendants it was for ""subrogation"" and not ""indemnification"".
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