Lumbermen's Underwriting Alliance Lumbermen's Underwriting Alliance provides commercial property and insurance coverage services. Its products include building as well as personal property insurance, specialty policies, employer liability coverage, surety bonds and workers compensation plans.
Can-Car Inc F. Argued and Submitted Oct. This products liability action was initiated by LUA seeking recovery for the loss based on the theories of negligent design or manufacture, and breach of express or implied warranties.
As the material became compressed against the moving parts, heat was generated which eventually ignited the accumulated debris. The controversy, therefore, centered around the question of who was responsible for the accumulation of debris in the belly pan. LUA does not argue, nor does the evidence establish, that removal of the debris was impossible.
Rather, it attempted to prove that removal of the debris was unreasonably difficult. Lumbermens underwriting alliance california contended that reasonable access to the belly pan was afforded.
It attempted to prove that the accumulation of debris in the belly pan was a known hazard, and that the fire resulted from the owner-operator's failure to exercise reasonable and necessary procedures for the removal of accumulated debris.
It ordered LUA's counsel to prepare and submit proposed findings of fact and conclusions of law. It appears from the record, and was conceded by counsel during oral argument, that the trial court mechanically adopted the findings and conclusions as prepared by the victorious party.
We take this opportunity to stress that this practice has been disapproved by this court. Industrial Building Materials, Inc.
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We agree with Can-Car's first contention. Therefore, we have held that findings of fact must be sufficiently comprehensive and pertinent to the issues to provide a basis for the decision.
Magna Weld Sales Co. Magna Alloys and Research Pty. Yokohama Specie Bank, Limited, F. Advertisement 8 "The Court further finds as a fact that the fire damage herein was proximately caused as a result of the negligent design of the belly pan of the C-7D Can-Car tree farmer. While the record raises serious questions regarding the issues of negligence and causation under the applicable law, we are unwilling to express a view on those issues without first giving careful consideration to the district court's assessment of the facts as clarified in accordance with this decision.
Therefore, the judgment is vacated and the case remanded for additional and more detailed findings and conclusions. A new judgment should be entered, and if an appeal is again taken, it shall be referred to this panel.Darin Lyss. Account Representative at Lumbermen's Underwriting Alliance.
Location Yuba City, California Area Industry InsuranceTitle: Account Representative at . Lumbermens Underwriting Allnc at 1/2 College Ave, Grove City, PA Lumbermens Underwriting Alliance can be found at Peace Dr The following is offered: Insurance. The entry is present with us since Sep 9, and was last updated on Nov 14, Sponsors.
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