Firemen's Ins. Co. of Newark v. LP Steuart & Bro., Inc.

HOOD, Associate Judge.

This appeal is from a summary judgment in favor of appellee-defendant L. P. Steuart & Bro., Inc., hereafter called Steuart. Appellants-plaintiffs are nine insurance companies which paid fire losses incurred by Crusty Pie Company, Inc., hereafter called Crusty. Appellants, as sub-rogees of Crusty, sought to recover from Steuart the amounts they paid Crusty, alleging that the fire losses were due to the negligence of Steuart.

The undisputed facts are these: Steuart’s gasoline tank truck was refueling an underground storage tank on the premises of Crusty when an explosion…