Case Number
CA 9311/99
Date Decided
1-20-2002
Decision Type
Appellate
Document Type
Full Opinion
Abstract
Facts: Appellee 6 (landlord), leased an industrial building to appellee 1 (Jerusalem Candles). The building and its contents were badly damaged by fire. The landlord, who was insured by appellant (Menorah) against fire risks, was compensated by Menorah as per the insurance policy. Menorah sued the tenant and The Phoenix (the tenant’s insurance company – appellee 3), in an action of subrogation. In the district court, the latter two parties requested that the suit be summarily dismissed as, so they claimed, lessor and Menorah had waived, in the lease and in Menorah’s policy, their right of subrogation against tenant. The district court accepted this argument and dismissed the suit. Appellant now appeals that decision.
Held: The Court held that the appellant, as per both the lease contract and the parties’ insurance policies, had waived its right of subrogation against the tenant.
Keywords
Insurance -- Requirement to Purchase Insurance, Insurance -- Subrogation
