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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*1035 The plaintiff's conclusion that not requiring language specifically indicating subrogation in the lease will result in multiple insurance policies on apartment buildings by landlords and tenants and, thus, cause economic waste is valid in light of DiLullo[6] and Connecticut's long history disfavoring such waste.[7] We are not convinced, however, that it carries more weight than the equitable nature of subrogation. Moreover, adopting a rule that requires landlords to include specific subrogation language in their leases would not alleviate the waste concern. Under such a rule, it would be permissible "for a landlord and tenant to enter into an express agreement or lease provision that would place responsibility for fire damage upon the tenant." Cambridge Mutual Fire Ins. Co. v. Crete, 150 N.H. 673, 676, 846 A.2d 521 (2004). Thus, a landlord need only include subrogation language in the lease, and tenants who choose to comply will be required to procure insurance to cover the apartment, resulting in multiple policies despite the language specifically establishing the right of subrogation. Lease language alone would be insufficient to cure waste.

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