Summit Contractors, Inc. v. General Heating & Air Conditioning, Inc.

Petitioner (Contractor) brought this action on behalf of its insurer, Crum & Forster (Insurer),1 asserting Insurer’s right to be subrogated to Contractor’s claim against respondent (Subcontractor) for fire damage to a construction site. Subcontractor asserted as a defense the waiver of subrogation clause found in its contract with Contractor. We granted a writ of certiorari to review the Court of Appeals’ unpublished opinion holding the waiver of subrogation clause valid. We affirm.

FACTS

Subcontractor’s employee/sub-subcontractor allegedly caused the fire by negligent soldering. For purposes…