Modern Carpet Industries, Inc. v. Factory Insurance Association

Hall, Presiding Judge.

In a suit against its insurer (among others), plaintiff appeals from the grant of summary judgment and the dismissal of the insurer as a defendant.

Plaintiff’s suit against Factory Insurance Association is in two counts. The first alleges liability under the policy for an alleged explosion and asks as damages the amount of the loss. The second count alleges bad faith in refusal to pay the loss, and asks for additional damages of 25% of the loss and attorney’s fees.

The loss occurred in October of 1968, when, due to a dis puted cause, a hydraulic fork lift sprayed fluid…