Selective Way Insurance Co. v. Glasstech, Inc.

OPINION

SIMANDLE, Chief Judge

I. INTRODUCTION

In this action, Plaintiff Selective Way Insurance Company asserts, as sub-rogee of J.E. Berkowitz (collectively, “Ber-kowitz” or “Plaintiff’), that Defendant Glasstech, Inc.’s (hereinafter, “Defendant” or “Glasstech”) negligent “troubleshooting” of Berkowitz’s glass annealing oven caused an explosion, resulting in the substantial destruction of its fabrication facility in New Jersey. In connection with these “troubleshooting” services, JEB accepted a “QUOTATION” (hereinafter, the “Quotation”) that stated, in emphasized terms, that “ALL ORDERS ARE…