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Commercial Law Keyed to Whaley
Lincoln Company v. Detroit Diesel Corporation General Insurance
Citation:
293 S.W.3d 487 (2009)Facts
In May 2006, a bus that Senators Rental had purchased caught fire while driving in Tennessee, allegedly due to engine defect. The bus was manufactured by Prevost Car and the engine was manufactured by Detroit Diesel. Senators Rental’s insurance company, Lincoln General, paid $405,250 to Senators Rental for fire damage pursuant to its insurance policy. Lincoln General subsequently brought several contract and tort claims against Prevost Car and Detroit Diesel. Prevost moved to dismiss the tort claims on the basis that such claims were barred by the economic loss doctrine.
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UCC Warranties