Lexington Ins. Co. v. Western Roofing Co., Inc.

MEMORANDUM AND ORDER

LUNGSTRUM, District Judge.

This is an insurance subrogation case arising from the collapse of a roof on an office/warehouse building. Plaintiff Lexington Insurance Company (“Lexington”) seeks to recover from defendant Western Roofing Company (“Western Roofing”) for amounts Lexington paid as a result of the roof collapse. The matter is presently before the court on Western Roofing’s motion for summary judgment (Doc. 44). For the reasons explained below, the court will grant this motion with respect to Lexington’s tort claim, but will deny the motion with respect to…