Negligent use of outdated machinery causes fire

In Minnesota, significant smoke and water damage occurred to a commercial building that was located next to a machine shop that sustained a fire. The fire occurred when a large piece of manufacturing equipment malfunctioned. The machine was old and outside the statute of repose and therefore there was no recovery potential against the machine’s manufacturer. The insured’s experts examined the scene and formed the opinion that the fire was caused by a defect within the machine. Knowing this initial theory, Stutman Law brought its experts to the scene. Through this investigation, we were able to eliminate a product/design defect as the cause of loss. Stutman Law attorneys located evidence and developed facts that the loss was caused by the tenant’s negligent use of the machine. As a result of Stutman Law’s investigation, the client was able to recover 67% of RCV from the tenant’s carrier.

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