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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Middlesex Mutual Assurance Co. v. Vaszil, 279 Conn. 28 (2006)

Citation
Middlesex Mutual Assurance Co. v. Vaszil, 279 Conn. 28 (2006)
Parent Document
Middlesex Mutual Assurance Co. v. Vaszil, 279 Conn. 28 (2006)
Jurisdiction
Connecticut (state)
Effective Date
2006-07-11

Other Sections in This Document (26)

Full Text

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In DiLullo v. Joseph, supra, 259 Conn. 851-53, we embraced the leading case for the proposition that there is no right of subrogation against a tenant by a landlord’s insurer in the absence of a specific agreement to the contrary, Sutton v. Jondahl, 532 P.2d 478, 482 (Okla. App. 1975), and concluded, in accordance with the weight of authority, that the Sutton rule is sound as a matter of subrogation law and policy. “The possibility that a lessor’s insurer may proceed against a lessee almost certainly is not within the expectations of most landlords and tenants unless they have been forewarned by expert counseling. When lease provisions are either silent or ambiguous in this regard — and especially when a lessor’s insurance policy is also silent or ambiguous— courts should adopt a rule against allowing the lessor’s insurer to proceed against the tenant. R. Keeton & A. Widiss, Insurance Law (1988) § 4.4 (b), pp. 340-41.” (Internal quotation marks omitted.) DiLullo v. Joseph, supra, 852.