Insurer’s Warranty Claims Over Vehicle Fire Must Go to Indiana

Progressive Insurance’s warranty claims against a motor home manufacturer following a vehicle’s spontaneous combustion were partly dismissed by a federal court, while its tort claims were allowed to move forward without a change of venue.

The insurer’s express and implied warranty claims against Thor Motor Coach Inc., the motor home manufacturer, must be brought in Indiana, where the vehicle was manufactured — not Arizona, where Progressive filed its claims — under a forum selection clause in the warranty agreement between Thor and the motor home owners, Judge Stephen McNamee, of the US District Court for the District of Arizona, said. ...