National Ben Franklin Insurance v. Bakhaus Contractors, Inc.

Plaintiff appeals as of right from the trial court’s grant of summary judgment in favor of defendant.

Plaintiff’s subrogor, Colwell Equipment Company, owned a loader/backhoe ("loader”) which it loaned to defendant in exchange for a consideration. Defendant picked up the loader at Colwell Equipment Company and it was loaded onto defendant’s tractor. While defendant was transporting the loader on a public roadway, it struck the underside of an overpass, resulting in extensive damage to the loader. Colwell Equipment Company recovered for the damage under its insurance policy with plaintiff.…