Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming
According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that defendants frequently assume amount to waivers of subrogation are actually insufficient to establish the existence of a waiver. In Pacific Indemnity, the plaintiff’s policyholder, who owned a condominium unit in a high-rise building in Boston, suffered a water damage loss as a result of the stipulated negligence of a tenant (not the owner) of an upstairs unit. Read the article………….