Citizens Insurance v. Osmose Wood Preserving, Inc.

Young, Jr., P.J.

This case involves a dispute regarding liability for the collapse of the roof of a restaurant owned and operated by Kim’s of Novi (Kim’s). It is alleged that the collapse was caused by the deterioration of wood roofing materials that were adversely affected by flame-retardant chemicals manufactured by defendant. Plaintiff, Kims’ subrogee, insured the restaurant and paid in excess of $500,000 for the loss. Plaintiff sought, in turn, to recover the loss from defendant and initiated this lawsuit. The trial court determined that plaintiff’s exclusive remedy was under the Uniform…