Milbank Mutual Insurance v. Carrier Corp.

Holding for Milbank on the second issue only, the order certifying the summary judgment as final is vacated.

Milbank’s action sought to recover from Carrier and the other defendant Barlow’s, a substantial amount of money which Mil-bank had to pay to one of its insureds whose home and contents were totally destroyed by fire. The claim against Carrier was based on the contention that the cause of the fire was a faulty heat pump manufactured by Carrier. The heat pump was sold and installed by Barlow’s, Inc., and Milbank’s claim against it is based on strict liability, breach of warranty, and…