Lexington Insurance Company, as Subrogee of New Plan Realty Trust v. F.W. Woolworth Company

OPINION

DAVID A. NELSON, Circuit Judge.

A shopping mall tenant appeals here from a judgment in favor of its landlord’s casualty insurance carrier on a subrogation claim asserted against the tenant in the wake of a fire that damaged the leased premises.

A jury returned a verdict in favor of the tenant. The district court was ultimately persuaded, however, that terms of the lease obligating the tenant to indemnify the landlord against all claims for personal injury or property damage arising out of the use and occupancy of the demised premises were sufficiently unambiguous to require the tenant to…