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Insurer loses bid to recover $726,000 fire claim over fan failure proof
A US appeals court upheld summary judgment for Broan-NuTone and Jakel Motors after the insurer's expert could not explain why a bathroom fan caught fire.
A US appeals court affirmed summary judgment against Citation Insurance Company in a subrogation case tied to a bathroom fan fire that Citation paid out as a loss worth about $726,000, according to Insurance Business.
The fire began in a Massachusetts home in Burlington on September 15, 2020. The Burlington Fire Department traced it to the ceiling above a master bathroom fan, and a state trooper ruled the blaze “accidental,” finding it “started with [the] bathroom vent fan.”
Citation, acting as subrogee of the homeowner, sued Broan-NuTone and Jakel Motors, arguing the exhaust fan was defective, including a motor built by Jakel and containing a thermal cutoff device intended to cut power if the motor overheats. The thermal cutoff device, or TCO, was made by Tamura, which was not a party to the case.
The insurer’s case failed on proof, the court said. Its electrical engineer identified potential TCO “deficiencies” but conceded in deposition, “I don’t know why the TCO failed. I just know it did,” and parts of his testimony were excluded for not disclosing key opinions as required, leading the district court to grant summary judgment. On appeal, the First Circuit affirmed and did not reach whether Massachusetts recognizes a “malfunction theory,” finding Citation did not properly raise or preserve key arguments for narrower defect theories.