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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We also find unpersuasive the defendants' assertion that permitting subrogation absent an express provision in the lease will put tenants in potential financial jeopardy without clear notice. A conclusion consistent with that reasoning would assume that the average tenant expects to be exempt from liability merely because the landlord had the prudence to obtain insurance. It is sound public policy that we require people to be responsible for their negligence. Moreover, the lease in this case clearly made the tenant liable to the landlord for any damage the tenant caused, either by repairing the damage himself or by reimbursing the landlord for repairs. Thus, because the tenant was apprised that he would be required to pay for damage he caused, it was appropriate that the landlord's insurer would have a right to receive compensation from the tenant when the insurer covered those costs. Furthermore, permitting subrogation prevents waste because it encourages tenants to exercise due care. We repeat the principle that there is "no logical reason" for a tortfeasor to have its debt paid by the insurance company of a party who had the foresight to obtain coverage. Westchester Fire Ins. Co. v. Allstate Ins. Co., supra, 236 Conn. at 372-73, 672 A.2d 939. We defer to the policy of extending subrogation when the lease language makes it reasonable to do so. See id., at 371-72, 672 A.2d 939.

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