Nationwide Mutual Insurance v. Kershaw Manufacturing Co.

Cooper, Judge.

This appeal arises from a suit for reimbursement of a sum paid by appellant to its insured, Sawnee Electric Membership Corporation (“Sawnee”), when a piece of equipment was destroyed by fire. Appellant brought the instant action against appellee, the manufacturer and seller of the equipment, alleging negligence, breach of warranty and strict liability, pursuant to a subrogation provision in its policy with Sawnee which provided as follows: “OUR RIGHT TO RE COVER FROM OTHERS. In the event of any payment under this policy, Nationwide shall be entitled to all the insured’s rights…