Growers Refrigeration Co. v. Pacific Electrical Contractors, Inc.

The trial court ruled that plaintiffs insurer was sub-rogated to plaintiffs negligence claim. The court accordingly ordered that the insurer be added as a named plaintiff in this action. The case proceeded to trial, and the jury returned a verdict in defendant’s favor. Plaintiffs appeal, challenging the trial court’s subrogation ruling. We reverse and remand.

Continental Insurance Company insured plaintiff, Growers Refrigeration Co., Inc. When a fire destroyed Growers’ cold storage facility, Continental issued progress payments to Growers for its losses. Growers signed a receipt for the…