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OHIO CAS. INS. CO. v. VERMEER MFG. CO.

Civil Action No. 3:02CV-721-H.

298 F.Supp.2d 575 (2004)

OHIO CASUALTY INSURANCE COMPANY, Plaintiff v. VERMEER MANUFACTURING CO., et al., Defendants.

United States District Court, W.D. Kentucky, At Louisville.

January 12, 2004.

Attorney(s) appearing for the Case

Walter J. Swyers, Jr., Louisville, KY, William N. Clark, Cozen & O'Connor, Philadephia, PA, for Plaintiff.

Catherine Stivers Purdy, Christopher R. Cashen, Woodward, Hobson & Fulton, Lexington, KY, David N. Lutz, Bowman & Brooke, Minneapolis, MN, Ronald Craig Reinhardt, Reinhardt & Associates PLC, Lexington, KY, for Defendants.

MEMORANDUM OPINION

HEYBURN, Chief Judge.

This is a subrogation action premised upon products liability in which the only damages are to the product itself. Defendant, Vermeer Manufacturing Company, ("Vermeer") has moved for summary judgment against the Plaintiff, Ohio Casualty Company, on the grounds that the economic loss rule and the absence of priority bar all claims. The economic loss rule does bar most of Plaintiff's claims. However, for the time being...

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