Waiver of Subrogation Enforced, Denying Insurance Company Recovery against Contractor it Alleged was Grossly Negligent
On February 9, 2011,
in Newsletter Article,
by Kent Holland
In an insurance case arising out a church fire, a state supreme court held that Reliance National, and other insurance carriers of the church, were not entitled to subrogate against the contractor whose employee allegedly caused the fire, because a waiver of subrogation in the church’s contract with the contractor was enforceable to bar the [...]
The Catastrophe and Waiver of Subrogation
On February 7, 2011,
in Newsletter Article,
by Kent Holland
The project was proceeding well. Suddenly, one night the structure inexplicably burns down. As usual, everyone says it was not their fault. Now what? If the construction contract contains a typical insurance clause, the owner’s property insurer pays the claim and the insurance proceeds can be used to fund the cost of demolition and reconstruction. [...]
