Legal Opinion

Industrial Risk v. Garlock Equipment

Supreme Court of Alabama

Decided February 8, 1991No. 89-1079, 89-1115PublishedCited by 10 opinions

1Opinion of the Court

The primary issue presented by these appeals is whether an insurer who has paid to its insured, the owner, proceeds for damages incurred as a result of a fire that occurred during the construction of a shopping mall, is subrogated to the rights of the owner, and, if so, whether the insurer can sue a subcontractor that was allegedly negligent on the job and whose negligence, it argues, caused the fire.

The trial court determined, as a matter of law, that the insurer, Industrial Risk Insurers (hereinafter referred to as "IRI"), had no subrogation rights against a subcontractor on the job and…

2Cases cited16 opinions

  1. Tokio Marine And Fire Insurance Company Limited v. Employers Insurance Of WausauCourt of Appeals for the Second Circuit · 1986
  2. South Tippecanoe School Building Corp. v. Shambaugh & Son, Inc.Indiana Court of Appeals · 1979
  3. Tuxedo Plumbing & Heating Co. v. Lie-NielsenSupreme Court of Georgia · 1980
  4. Trump-Equitable Fifth Avenue Co. v. H.R.H. Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  5. Village of Rosemont v. Lentin Lumber Co.Appellate Court of Illinois · 1986

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Acceptance Ins. Co. v. BrownSupreme Court of Alabama · 2001
  2. Campbell v. WilliamsSupreme Court of Alabama · 1994
  3. Employers Mutual Casualty Co. v. A.C.C.T., Inc.Supreme Court of Minnesota · 1998
  4. Nodaway Valley Bank v. E.L. Crawford Construction, Inc.Missouri Court of Appeals · 2004
  5. Dunlop Tire Corp. v. AllenSupreme Court of Alabama · 1998

5 more not listed; retrieve them via the Exa API.

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