6. BC604069 STATE FARM INSURANCE v DOMETIC CORPORATION

Motion to Tax Costs

This case arises from the Plaintiff’s claim for subrogation against the Defendant, Dometic Corporation on the ground that its refrigerator caused a fire in an insured’s recreational vehicle. The Plaintiff also brought a claim against the Defendant, Neil’s Motor Homes, Inc., which had sold the recreational vehicle. Dometic Corporation then filed a Cross-Complaint for indemnity against Neil’s Motor Homes, Inc.

The Plaintiff settled its claims against the Defendant, Neil’s Motor Homes, Inc. The Defendant then filed a motion for a good faith settlement determination. The Court in Department 98 granted the motion on December 19, 2016. Under CCP section 877.6, this resulted in the dismissal of Dometic Corporation’s Cross-Complaint for indemnity against Neil’s Motor Homes, Inc. As a result, Niel's Motor Homes Inc. was the prevailing party on the Cross-Complaint filed by Dometic Corp.

However, Niel’s Motor Homes, In