State Farm Fire & Casualty Co. v. Southern Bell Telephone & Telegraph Co.

Weltner, Judge.

Respondent telephone company, a regulated public utility, installed an answering machine in the dwelling of a customer, who was insured by petitioner. Thereafter, a fire occurred and petitioner brought suit on the customer’s subrogated cause of action to recover damages, alleging negligence in providing faulty equipment. The trial court sustained a motion for summary judgment in favor of respondent on the ground that claim had not been presented within 60 days after the fire as would be required by a provision of a General Subscriber Services Tariff then in effect. The Court of…