Kalus v. Merrimack Mutual Fire Insurance

BACKGROUND

Plaintiff Steven Kalus (Mr. Kalus) and defendant Merrimack Mutual Fire Insurance Co. (Merrimack) filed cross motions for summary judgment. Counsel waived their right to a hearing on the motions and submitted the case on the briefs and supporting documents. The undisputed facts as taken from the summary judgment record are as follows.

Plaintiffs wife, Kelly Kalus (Mrs. Kalus), brought suit against Yale Electric Sales Co. (Yale) and Sub Zero Freezer Co. (Sub Zero) alleging negligence, breach of express warranty, breach of implied warranty of merchantability, breach of warranty of…