Panel: Subrogated Insurer’s Rights To Recovery Were Not Waived Under Bylaws

Mealey's (July 8, 2016, 11:48 AM EDT) -- BOSTON — A subrogated insurer’s rights to recover insurance proceeds paid for a condominium unit’s water damage were not waived based on a clause in the bylaws of the insured’s condominium trust that unit owners "shall carry insurance" and that "all such policies shall contain waivers of subrogation," the First Circuit U.S. Court of Appeals held July 5 (Pacific Indemnity Co. v. John Deming, No. 15-2386, 1st Cir.; 2016 U.S. App. LEXIS 12374).

(Opinion available. Document #69-160805-004Z.)

In 2010, Deming John Deming rented Unit 1801 at...
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