Appeal from the District Court of Montrose County Honorable J. Steven Patrick, Judge No. We affirm in part, reverse in part, and remand the cause with directions. This is a subrogation case arising out of a fire that destroyed a residence insured by Trinity.
Trinity claims that it was defendant s negligence that caused the fire.
While the residence was under construction, the owners were living nearby in a trailer. As part of a plan to provide water to the trailer, defendant placed a propane-fueled heater in the crawl space of the residence to keep water pipes from freezing. When the first tank of propane ran out, defendant attached a full twenty-pound propane cylinder to the heater and dropped it a short distance into the crawl space. Later, defendant plugged an extension cord into an electrical socket, which resulted in an explosion and a fire that completely destroyed the residence. The parties do not dispute that the twenty-pound propane cylinder was the probable source of the fuel that caused the explosion.