Middlesex Mutual Assurance Co. v. Vaszil, 873 A.2d 1030 (2005)

Citation: Middlesex Mutual Assurance Co. v. Vaszil, 873 A.2d 1030 (2005)
Parent Document: Middlesex Mutual Assurance Co. v. Vaszil, 873 A.2d 1030 (2005)
Jurisdiction: Connecticut (state)
Effective Date: 2005-06-07
Original Source: https://www.courtlistener.com/opinion/1903021/middlesex-mutual-assurance-co-v-vaszil/ ↗

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In DiLullo v. Joseph, 259 Conn. 847, 792 A.2d 819 (2002), our Supreme Court held that the insurer's right of subrogation against a tenant should be left "to the specific agreement of the parties ...." Id., at 854, 792 A.2d 819. In its subrogation analysis, the court recognized that "whether subrogation would or would not apply ordinarily would depend ... on a case-by-case analysis of the language of the insurance policies and leases involved." Id., at 853, 792 A.2d 819. DiLullo concerned a holdover tenant and, as such, there was no lease to construe, but the court recognized that if there had been a lease, it would need to be analyzed. Id. The rule of DiLullo that there is no right of subrogation absent an express agreement is merely a default rule. The court must determine the appropriate interpretation of the lease language.

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