American Empire Insurance v. Koenig Fuel & Supply Co.

Plaintiff appeals as of right an order of the circuit court granting defendant’s motion for summary judgment.

This dispute arose out of a contract between defendant and plaintiff’s subrogor, General Motors Corporation. General Motors contracted with defendant for the temporary storage and subsequent delivery of 10,000 tons of coal to General Motors. Defendant took delivery of the coal and held it in storage. Sometime in January or February of 1975, the coal apparently suffered fire damage; plaintiff alleges that the fire damage occurred as a result of defendant’s negligent storage of the coal.

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