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Indiana Court of Appeals Remands Case for Trial Court to Determine if Landlord's Insurer has Viable Subrogation Claim Against Tenant - Insurance Coverage

Insurance Coverage

Posted on: Apr 5, 2018

By Rick Shoultz and Mike Giordano, both of Lewis Wagner LLP

Under Indiana law, it is well established that a landlord and tenant may waive their rights to sue each other for any damages covered by insurance. But even if the landlord and tenant do not explicitly waive those rights in the lease, a landlord’s insurer is not necessarily entitled to pursue a subrogation claim against a negligent tenant.

In Hoosier Ins. Co. v. Riggs, 2018 WL 1177617 (Ind. Ct. App. 2018), Frank and Leah Harker leased a property to Nicole and Michael Riggs, who shared the property with Dustin Blevins. The property sustained fire damage because Blevins allegedly left burning incense unattended.

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