Plewe Construction Co. v. Franklin National Insurance

CROCKETT, Justice.

Plewe Construction Company sued its insurer, Franklin National Insurance Company, for reimbursement for money it had been required to pay to Cudahy Packing Company in settlement of a suit for negligently causing a fire on Cudahy’s premises in connection with doing some construction work. Franklin defended on the ground that the fire was in the part of Cudahy’s property in the “care, custody or control of the insured” (Plewe) and thus expressly excluded from coverage under clause (f) 2 of its policy. From a summary judgment sustaining Franklin’s position, Plewe appeals.

The…