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Lincoln General Insurance Company v. Detroit Diesel Corporation
Citation:
293 S.W.3d 487 (2009)Facts
Senators Rental, Inc., insured by Lincoln General Insurance Company, purchased a bus manufactured by Prevost Car (US) Inc. with an engine produced by Detroit Diesel Corporation. On May 8, 2006, while traveling south on Interstate 65 near Goodlettsville, Tennessee, the bus caught fire allegedly due to a defect in the engine. The fire resulted in damage only to the bus itself, causing no personal injury or damage to any other property. Pursuant to its insurance policy with Senators Rental, Lincoln General paid $405,250 for the fire damage. Lincoln General then filed suit against both Prevost and Detroit Diesel asserting claims for breach of express and implied warranties, negligence, and strict products liability, seeking to recover the amount paid to its insured.
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