Steury v. Northern Indiana Public Service Co.

ON REHEARING

BUCHANAN, Judge.

NIPSCO seeks rehearing from our decision in Steury v. Northern Indiana Pub. Serv. Co. (1987), Ind.App., 510 N.E.2d 213. In our opinion, we concluded that summary judgment was inappropriate because a contractor, under certain factual cireumstance-es, could be subrogated to the rights of the homeowners in a negligence action against NIPSCO when the home was damaged by an explosion allegedly due to a gas line fracture.

NIPSCO argues on rehearing that the right of subrogation does not arise unless the claim of the homeowners is entirely paid. Assuming that payment is…