Lumber Mutual Insurance v. Zoltek Corp.

In this appeal the sole issue is whether the judge correctly ordered summary judgment for the defendant. We granted Zoltec’s application for direct appellate review of Lumber Mutual Insurance Company’s appeal. We affirm the judgment.

The trustees of Foundry Industrial Park Trust (Foundry), as lessor, brought this action against Zoltek Corporation, the *705lessee, to collect payment allegedly due under a commercial lease. These claims and counterclaims were dismissed by agreement. Lumber Mutual Insurance Company (Lumber), Foundry’s insurer, was permitted to intervene as Foundry’s subrogee with…