Factory Mut. Ins. Co. v. Bobst Group, Inc.

Full title: FACTORY MUTUAL INSURANCE COMPANY, as Subrogee of Wm. Wrigley Jr. Company…

Court: United States District Court, N.D. Illinois, Eastern Division

Date published: Apr 21, 2004

Facts

This dispute began on August 16, 1999, when a roto cadet rotogravure printing press, sold and installed by Bobst, exploded at WRICO’s Chicago plant. Many of the parts used in the press were sold to Bobst by Control Instruments Corporation (Control Instruments). Factory Mutual, as WRICO’s primary insurance carrier, retained the power to inspect the premises and the parts used in the press. Factory Mutual’s research division allegedly tested the gas vapor concentration analyzers and approved their use in the press. In its third party complaint, Bobst seeks contribution, arguing that Factory Mutual’s research division assumed a duty when testing the gas vapor concentration analyzers and that it performed that duty negligently.

Issue

Decision

For the foregoing reasons, Bobst’s motion to amend its third-party complaint is granted and Factory Mutual’s motion to dismiss is denied. 

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