Scottsdale Insurance v. Deere & Co.

MEMORANDUM AND ORDER

J. THOMAS MARTEN, Chief Judge.

This case arises out of a fire that destroyed a combine manufactured by defendant Deere & Company (“Deere”) and insured by plaintiff Scottsdale Insurance Co. (“Scottsdale”). Scottsdale, as subrogee of the insured combine owners, brought this action for breach of express warranty and breach of implied warranty of merchantability, alleging that a defect in the combine’s Emissions Control System (“ECS”) caused the fire. This matter is before the court on Deere’s motion for summary judgment (Dkt. 49). Deere seeks summary judgment on Scottsdale’s…