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Zurich Am. Ins. Co. v. Niagara Mohawk Power Corp.

Proof of Negligence Causing Fire Is Lacking; Evidence of Fire's Cause Is Inconclusive

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DECISION & ORDER Before the Court is Defendant Niagara Mohawk Power Corporation’s (“NIMO”) motion for summary judgment. See dkt. # 70. The parties have briefed the issues, and the Court has determined to decide the matter without oral argument. I. BACKGROUND This case concerns a fire that occurred at a facility operated by Microbac Laboratories in Cortland, New York. Plaintiff Zurich American Insurance Company (“Zurich”), is subrogated for Microbac, Zurich’s insured. Plaintiff alleges that the fire in question occurred because of the negligence of Defendant NIMO, which is installed the electric meter that Plaintiff contends was the source of the fire. NIMO contends that Plaintiff lacks proof that any negligence by NIMO caused the fire, and seeks summary judgment. The fire in question occurred at Microbac’s laboratory testing facility in Cortland on September 16, 2018. Defendant NIMO’s statement of material facts (“Defendant’s Statement”), dkt. # 70-2, at 1.1 Plaintiff’s Complaint alleges that the cause of the fire was “electrical activity in a utility room,” and that the fire caused more than $3.7 million in damage. Id. at

2-3. The Complaint further alleges that NIMO supplied power to the property where the fire occurred, and had “replaced and/or installed a Sentinel 16S electric meter and panel box” to the property. Id. at 4. The Complaint further raises a negligence claim against NIMO for “improperly installing the subject meter and/or meter cabinet pan.” Id. at 5. Plaintiff also sued the maker of the meter, Itron, and the manufacturer of the meter cabinet/pan, ABB. Id. at

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