Prime-Mover

Wausau Insurance Co. Industrial Indemnity v. Prime-Mover

Good Law
988 F.2d 126·1993 WL 39312·1993 U.S. App. LEXIS 10696
United States Court of Appeals for the Ninth CircuitFebruary 17, 199391-36258California322 words

Opinion

Opinion

988 F.2d 126 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. WAUSAU INSURANCE CO.; Industrial Indemnity, Plaintiffs-Appellants, v. PRIME-MOVER, Defendant-Appellee. No. 91-36258. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 3, 1993. Decided Feb. 17, 1993. Appeal from the United States District Court for the District of Alaska; No. CV-90-00418-AJK, Andrew J. Kleinfeld, District Judge, Presiding. D.Alaska AFFIRMED. Before TANG, KOZINSKI and FERNANDEZ, Circuit Judges: 1 MEMORANDUM * 2 A. The principal question in this appeal is whether a retailer must prove a product defect in order to obtain common law indemnity from the manufacturer of the product. Though Alaska case law is not entirely clear on this point, the weight of authority suggests an affirmative answer. See Koehring Mfg. Co. v. Earthmovers of Fairbanks, 763 P.2d 499, 502 (Alaska 1988) ("There being no evidence of any alteration by Earthmovers, Koehring was liable in indemnity to…

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