Continental Insurance v. Windle

The opinion of the court was delivered by

Kaul, J.:

This is a subrogation action to recover the value of a truck destroyed by fire while in defendant’s garage for repairs.

Plaintiff had an insurance policy covering the truck which was owned by Borg-Warner Corporation. Under the terms of the policy plaintiff paid the owner of the truck and thereafter instituted this action against defendant under its rights to subrogation. The petition disclosed the fire occurred on December 19, 1970. The action was commenced two years and four months thereafter, on April 30, 1973.

In response to plaintiff’s…