Subrogation Waiver Does Not Bar Insurer’s Gross Negligence Claim, Panel Says
Mealey's (August 12, 2016, 9:09 AM EDT) -- DETROIT — While a subrogated insurer’s gross negligence claim was not barred by a waiver-of-a subrogation clause, a Michigan appeals panel held Aug. 9 that the insurer failed to assert more than an ordinary negligence claim against a contractor and subcontractor for the faulty installation of a sprinkler system (Lexington Insurance Co. v. The Alan Group and Condor Piping Inc., No. 326921, Mich. App.; 2016 Mich. App. LEXIS 1486).