INSURANCE LAW: Connecticut Appellate Court affirms that anti-subrogation rule did not apply to bar a claim against tenant who caused property damage

7/28/2016 | Peter K. O'Keefe

Category: Insurance


The lease in the case provided in relevant part that the tenants agreed to use all electric, cooling and other systems in the dwelling in a prudent manner, and that the tenant would hold the lessor harmless “from any loss or claim arising out of or in connection with your use and occupancy”. It was alleged that the tenants negligently caused property damage by leaving the property vacant during the winter without enough oil, causing a radiator to burst, resulting in extensive water damage.  In the lessor’s subrogation action against the tenant, a judgment entered in the amount of $61,302.00.  On the tenant’s appeal, the Appellate Court affirms, holding that the anti-subrogation rule does not to apply the insurer’s claim for equitable subrogation.  The Appellate Court concludes that the lease provided the tenants with adequate warning that they could be legally responsible for property damage.  Amica Mutual Ins. Co. v. Muldowney, AC 37721 (July 12, 2016)

Jackson O’Keefe, LLP, has served as insurance counsel since the 1950s.  If you have an insurance question or litigation matter involving a GL, E&O, D&O, homeowners,  or auto policy, contact us for assistance at 860-278-4040.

Jackson O’Keefe has been practicing in the insurance field since the 1950s. The firm was co-founded by a former Insurance Commissioner for the State of Connecticut.  The firm is pleased to have received the highest Martindale-Hubbell rating of “AV.”  It is recognized in A.M. Best’s Directory of Recommended Insurance Attorneys.  It is also recognized in the Bar Register of Preeminent Attorneys.  Additionally, several of our partners have been peer-reviewed by Thomson Reuters as “Super Lawyers” qualifying as among the top five percent of practicing attorneys in Connecticut.  We are active participants in the Claims and Litigation Management (CLM) Alliance. 

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