Stutman Law

Nationwide Recoveries

Negligent Use of Outdated Machinery Causes Fire

In Minnesota, significant smoke and water damage occurred at a commercial building located next to a machine shop that suffered a fire. The fire occurred when a large piece of manufacturing equipment malfunctioned. The machine was old and outside the statute of repose, thus there was no recovery potential with respect to the machine’s manufacturer. The insured’s experts examined the scene and opined that the fire was caused by a defect within the machine. Knowing this initial theory, Stutman Law brought its experts to the scene. In the course of our investigation, we eliminated a product defect as the cause of loss. Stutman Law’s attorneys discovered evidence that the loss was caused by the tenant’s negligent use of the machine. As a result of Stutman Law’s investigation, the client recovered 67% of RCV from the tenant’s carrier.