Indiana Consolidated Insurance v. Mathew

HOFFMAN, Judge.

Appellant Indiana Consolidated Insurance Company seeks review of the finding that Robert D. Mathew (Mathew) did not act in a negligent manner so as to be liable for damages done to his brother’s garage when a Toro riding lawnmower that Mathew was starting caught fire. Appellant insured the garage and premises under a homeowner’s insurance policy and is pursuing this claim against Mathew by virtue of its subrogation rights.

Appellant presents two allegations of error, whether the court erred as a matter of law in finding that Mathew’s actions did not constitute negligence and…