Insurer’s Negligence Claims Not Barred By Subrogation Clause, Federal Judge Says

Mealey's (October 10, 2016, 11:43 AM EDT) -- ALLENTOWN, Pa. — A subrogation waiver clause included in a heating oil agreement sent to an insured by the heating oil company contravenes public policy because the average consumer does not have the chance to negotiate the provisions in residential heating oil contracts, a Pennsylvania federal judge said Oct. 5 in finding that an insurer is not barred from asserting negligence claims, as the subrogee of its insured, against the heating oil company (State Farm Fire & Casualty Co., et al. v. Petroleum Heat & Power...
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