Fireman's Fund American Insurance v. Pacific Power & Light Co.

This is an action by an insurance company on a subrogated claim of $14,300 for damages by fire to a mobile home insured by it. The case was tried by the court, sitting without a jury. Defendant appeals from a judgment for plaintiff in the full amount of the claim.

Defendant assigns as error the striking from its answer of affirmative defenses alleging that negligence of plaintiff’s insured was the cause of the damage and the refusal of the trial court to consider evidence to that effect. Defendant also assigns as error the striking from its answer of affirmative defenses alleging that third…