Ohio Casualty Insurance v. Vermeer Manufacturing Co.

MEMORANDUM OPINION

HEYBURN, Chief Judge.

This is a subrogation action premised upon products liability in which the only damages are to the product itself. Defendant, Vermeer Manufacturing Company, (“Vermeer”) has moved for summary judgment against the Plaintiff, Ohio Casualty Company, on the grounds that the economic loss rule and the absence of priority bar all claims. The economic loss rule does bar most of Plaintiffs claims. However, for the time being, Plaintiff retains its breach of warranty claim.

I

The facts of this case are straightforward. Vermeer manufacturers and supplies heavy…