DeTienne Associates Ltd. Partnership v. Farmers Union Mutual Insurance

This action springs from Farmers Union Mutual Insurance Company’s (FUMI’s) right of subrogation against a third party tortfeasor Montana Rail Link (MRL). MRL damaged FUMI’s insured’s property Park Plaza Hotel (Park Plaza) when a train wrecked in sub-zero weather and caused a prolonged power outage. When Park Plaza was not totally made whole by FUMI’s pblicy payment, Park Plaza sued MRL for the excess damages. FUMI joined in that litigation. FUMI claims a right of subrogation against MRL. The First Judicial District Court found that, even though both insurer and insured were compensated by…