Facts

On Jan. 26, 2013, a fire broke out inside the motor home of one of plaintiff's insured, originating from a refrigerator. Plaintiff sued the manufacturer of the refrigerator, Dometic Corp., the seller of the motor home, Niel's Motor Homes Inc., and the company who repaired the refrigerator before the fire, Benchmark RV Center Inc.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that Niel's was negligent with respect to the sale of the refrigerator, was liable for strict products liability for selling a product that contained manufacturing defects and insufficient safety warnings, and that it breached the implied warranty of merchantability.

Plaintiff asserted causes of action for negligence, strict products liability, and breach of implied warranties.

DEFENDANT'S CONTENTIONS:
Niel's denied plaintiff's allegations and asserted various affirmative defenses.

Result

Plaintiff settled with Niel's for $5,000.

Other Information

An application for determination of good faith settlement was granted. Dometic filed an opposition to the application, which was denied. Dometic is appealing the court's ruling.