Millers Mutual Fire Insurance v. Wildish Construction Co.

The Millérs Mutual Fire Insurance Company (plaintiff) brought this action against Wildish Construction Company (defendant) to recover insurance proceeds paid to defendants Wayne and Cynthia Barnes (the Barneses) for damages caused to their home as a result of defendant’s blasting operations. The Barneses were joined as defendants, because they refused to subrogate their claim against defendant to plaintiff. They filed a cross-claim against defendant for damages incurred in excess of the insurance proceeds received from plaintiff.

During trial, plaintiff and defendant reached a settlement, and…