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Tuesday, December 21, 2004

Indiana decisions - 7th Circuit posts one

Factory Mutual Insur v. Bobst Group USA Inc (ND Ill.)

Before EASTERBROOK, EVANS, and SYKES, Circuit Judges.
EASTERBROOK, Circuit Judge. Bobst Group sold a printing
press to Wm. Wrigley Jr. Company. After one of the
press’s components exploded, Factory Mutual indemnified
Wrigley and sued Bobst as its subrogee. Bobst not only
denied responsibility but also filed a flurry of third-party
claims for indemnity, plus a counterclaim against Factory
Mutual. According to Bobst, whatever Factory Mutual receives
(should it prevail) it must return in whole or in part
as contribution. Bobst’s theory is that, by acquiring through
its insurance contract a right to inspect Wrigley’s plant in
order to reduce safety hazards (and thus the risk to which
it was exposed), Factory Mutual undertook a duty to help
Wrigley’s vendors reduce the hazards that their machines
create. * * *

The appeal is dismissed for want of jurisdiction.

Posted by Marcia Oddi on December 21, 2004 01:09 PM
Posted to Ind. (7th Cir.) Decisions